손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 18,893,901 to the Plaintiff (Counterclaim Defendant) and its related amount from April 21, 2017 to July 17, 2018.
(b) the facts of the basis;
A. On April 29, 2014, the Plaintiff entered into a contract with the Defendant for the construction of a new house on the ground of Seongdong-gun C (hereinafter “instant construction”) with the construction cost of KRW 155,000,000 (additional tax separately) and the construction period from May 25, 2015 to August 1, 2015 (hereinafter “instant contract”). The main contents of the instant contract are as follows.
Article 6(1) : The intermediate payment (40%, 64,000,000) of the intermediate payment (40%, 64,000,000) at the same time as the conclusion of the contract is made: The intermediate payment shall be paid at the same time as the commencement of the internal (e.g., urine) work.
3) Balance: pay any balance after completion of the work (20 per cent, 32,000,000).
* Other and additional agreed terms
1. Litch is a sample (including Ireland).
(Exclusion of Assistants) 12. The instant construction shall be implemented only as specified in the drawing.
Provided, (Resck part, Dasck part was changed according to the owner's request, and the pipe 150*150 Gasck part of each frame was enforced by the defendant, and the structural / panel 50 Kascket 14. In the instant construction project, it is clearly stated that the household, electronic equipment, strawer, chemical boiler, electronic kis, and fences are excluded from the 10-meter radius of 10 meters from the outer side of the original frame and the outer side of the empty space.
In addition to the drawings, it is known that the additional construction cost has occurred without conditions.
B. On May 13, 2015, the Plaintiff paid the Defendant KRW 149,00,000 in total, including KRW 62,00,000 on the instant construction cost, KRW 62,00,000 on June 23, 2015, and KRW 25,000 on July 21, 2015.
C. The instant construction was approved on August 21, 2015, and thereafter, the Plaintiff did not pay the remainder to the Defendant, and the Defendant did not complete the construction and completed the instant construction by requesting another business entity to complete the construction.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, respectively.