손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 60,427,068 to the Plaintiff (Counterclaim Defendant) and its related amount from May 19, 201 to July 3, 2014.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On August 10, 2010, the Plaintiff entered into a contract with the Defendant for construction of a new construction of a general steel structure factory of the first floor C on the ground (hereinafter referred to as “instant construction contract”), setting the construction cost of KRW 720,000,000 for each contract (excluding value-added tax) from August 20, 2010 to November 30, 2010 (hereinafter referred to as “instant factory”; its new construction work; its construction work; and the said construction contract.
Upon completion of the instant construction work, the Defendant obtained approval for use on May 18, 201, and the Plaintiff paid the remainder of the construction cost, excluding KRW 65.3 million, to the Defendant.
The factory of this case consists of four Dongs with "A", "B" Dong, "C" Dong, and "D", the representative director, and "D" Dong, the factory of this case.
(hereinafter referred to as “Dong”, “Dong”, “ dormitory Dong”, and “office Dong” / [based grounds for recognition] The fact that there is no dispute, each entry in the Evidence Nos. 1, 12, and 1, 2, and the purport of the whole pleadings.
2. The parties' assertion
A. In light of the purport of the Plaintiff’s assertion in light of the contents of the written estimate of construction (the Plaintiff’s quotation No. 2; hereinafter “Plaintiff’s quotation”), the instant factory is obligated to pay KRW 295,240,561 in total as compensation for damages in lieu of remuneration when the Plaintiff was not constructed.
However, the plaintiff recognizes the construction cost of 1,620,000 won for additional construction of reinforced concrete retaining walls executed by the defendant.
Therefore, with respect to the Defendant as the principal suit, 228,320,561 won calculated by deducting the remainder of the construction cost of this case from KRW 65,30,000,000 and the additional construction cost of the above reinforced concrete retaining wall from KRW 1,620,00,00, and damages for delay are claimed against the Defendant.
B. The defendant's argument is the first agreement in the construction contract of this case.