공사대금
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from July 21, 2018, as to KRW 183,519,89 and KRW 166,54,640 among the Plaintiff-Counterclaim Defendant and KRW 166,54,640.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On August 13, 2015, the Plaintiff entered into a construction contract with the Defendant, setting the construction cost of KRW 288,000,000 (228,000,000 as the construction cost for the instant Ddong building work, and KRW 60,00,000 as the price for the construction work for the instant Ddong building work) and the supply of and demand for a factory equivalent to 462 square meters on the ground, such as the land of the wife population C, which is permissible from the Defendant, including the Defendant’s land of the wife population C, etc.
B. Since September 2, 2015, the Plaintiff is against the Defendant and against the Defendant.
On the ground of the land indicated in the subsection of this case, the construction project that constructs approximately one factory of approximately 130 square meters (hereinafter “instant E”), in addition to the instant Ddong, was prepared to additionally supply and demand the construction project, but the price of which is increased to KRW 320,00,000.
On the other hand, Article 2 of the above construction contract states that "the above price refers to only the price for construction work of this case D and E, and the civil engineering work of this case and the construction work of this case D and E expansion work shall be separately determined by consultation."
C. Around August 26, 2015, the Plaintiff entered into a contract with the Defendant to set the price for the instant D and E-dong expansion works pursuant to Article 2 of the Construction Contract as of September 2, 2015, and the Plaintiff entered into such contract. According to the above contract, the Plaintiff’s supply and demand of the Defendant for the instant construction works and the instant D and E-dong expansion works, which totaled KRW 52,960,000.
Since then, the Plaintiff and the Defendant did not perform the construction work of the instant Edong and the instant Edong Expansion Work. The Plaintiff performed only the construction work of the instant Ddong, the instant Ddong Expansion Work, and the civil engineering work, and completed the construction work on January 1, 2016.
After that, on January 26, 2016, approval for the use of the building was made with respect to the instant Ddong, and on the same day, registration for preservation of ownership was completed in the future of the defendant.
E. Meanwhile, on June 2, 2016, the Plaintiff and the Defendant paid for each real estate listed in the separate sheet from the Defendant 90,000.