공사대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
1. Basic facts
A. On November 18, 2013, the Plaintiff operating “C” entered into a contract with the Defendant for the total construction cost of KRW 78,00,000 (the contract amount of KRW 31 million and the intermediate payment of KRW 31 million on November 19, 2013; the payment of KRW 16 million on December 3, 2013); the construction period from November 20, 2013 through December 14, 2013 to December 14, 2013; and the construction contract rate of KRW 20,000 for each one day.
(hereinafter “instant primary construction contract”). B.
However, the Defendant agreed to lease the F1st floor in Seo-gu, Seocheon-gu and to change the construction site. On December 12, 2013, the total construction cost was KRW 78 million (the contract amount of KRW 41 million on December 1, 2013; the intermediate payment of KRW 21 million on December 13, 2013; the remainder of KRW 16 million on December 22, 2013); the construction period from December 1, 2013 to December 22, 2013; and the construction contract was concluded at the rate of KRW 2/100,00 of the construction cost per day.
(hereinafter “instant secondary construction contract”). C.
The Defendant paid the Plaintiff the instant construction cost, KRW 30 million on November 19, 2013, KRW 10 million on November 201, 2013, KRW 10 million on November 20, 2013, KRW 10 million on December 3, 2013, KRW 20 million on December 13, 2013, KRW 10 million on December 30, 2013, KRW 10 million on December 30, 2013, KRW 5 million on January 6, 2014, KRW 5 million on January 8, 2014, KRW 200,000 on January 23, 2014, and KRW 90,000 on January 23, 2014.
In addition, the Plaintiff transferred KRW 2.1 million to G on January 22, 2014.
On January 14, 2014, the Plaintiff completed the instant construction work.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 4, Eul evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff and the defendant asserted 1) The plaintiff and the construction cost which was enforced after the conclusion of the first construction contract of this case 1.