공사대금
1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On June 27, 2014, the Plaintiff entered into a contract for construction with the Defendant for construction works for the second floor extension of the second floor of the second floor located in Eunpyeong-gu Seoul Metropolitan Government (2,400,000 won on average) from the Defendant, with the amount of 40,00,000 won (2,40,000 won on average) and the commencement date on June 28, 2014, and on August 8, 2014.
(hereinafter referred to as “the instant construction.” The Plaintiff carried out the instant construction by September 6, 2014, and the Defendant’s completion of the construction, including urban gas installation, was completed on September 19, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 7 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Grounds for the claim;
A. The Defendant of this case failed to pay KRW 5,150,000 out of the construction price of this case.
The plaintiff, at the request of the defendant, changed the method of executing the brickd construction into a brick, incurred additional construction costs, and caused additional construction costs due to the information provided by the defendant.
Therefore, the defendant should pay the unpaid construction cost of KRW 5,150,000 and the additional construction cost of KRW 7,710,000 and the total of KRW 12,860,00.
B. The counterclaim Defendant directly operated the construction work suspended by the Plaintiff and the construction cost of KRW 2,337,00 was KRW 2,860,000, and the repair cost of the remaining portion of the construction work was KRW 11,90,000.
The Defendant incurred damages of KRW 1,33,300,00, which is equivalent to the rent, from August 9, 2014 to September 19, 2014, which is the date of completion of the relevant construction project, due to the failure to lease a building during the delayed period.
Therefore, the Plaintiff should pay KRW 17,328,30,00, which deducts the remaining construction cost of KRW 1,192,00 from the total of KRW 18,520,30,000, the repair cost of KRW 11,990,00, the repair cost of KRW 11,33,300, and the total of KRW 18,520,30.
3. Determination
A. The construction cost of this case is KRW 40,000,000, and the Plaintiff separately agrees to value-added tax.