기타(금전)
1. Defendant (Counterclaim Plaintiff) B: (a) KRW 64,274,080 against the Plaintiff (Counterclaim Defendant) and its related amount from August 12, 2014 to January 27, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On December 23, 2012, the Plaintiff contracted Defendant B with the construction of a new church building in Ulsan-gu C (hereinafter “instant construction”) for KRW 1,590,00,000, including value-added tax.
The Plaintiff paid the above contract amount to Defendant B, and paid KRW 20,000,000 as additional contract price for the work in the mother room.
On December 24, 2012, Defendant B, without obtaining a comprehensive construction license from the Plaintiff, proposed that Defendant Jin Sejong, a contractor, was to additionally prepare a contract for the structural construction with Defendant Jin Sejong, who is not Defendant B, and the preparation of a new contract was not a major issue.
Defendant B completed the above construction on November 8, 2013 and delivered the church building (hereinafter “instant building”) to the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 5, Eul evidence 1, witness D's partial testimony, the purport of the whole pleadings
2. The parties' assertion
A. Defendant B, as a contractor under the instant construction contract, is liable for the defect liability under the Civil Act and the Framework Act on the Construction Industry with respect to the defect that occurred in the instant building as a contractor under the instant construction contract, and Defendant Jinse Construction is liable for the same as it lent its name in violation of the Framework
However, unlike design, the Defendants did not perform some construction work, and there were several defects in the instant building. The said non-construction cost and defect repair cost are KRW 74,448,080 in total.
Therefore, the Defendants jointly have the obligation to pay the Plaintiff the above KRW 74,448,080 and damages for delay.
B. In the instant construction site, Defendant B’s counterclaim claim, there were a large quantity of water and total of KRW 223,600,000 for additional soil construction costs. Unlike the design, the Plaintiff demanded several additional construction works and incurred a total of KRW 146,610,000 for additional construction costs.
Therefore, the Plaintiff’s total sum of each of the above money to Defendant B is KRW 370,210,000 and this is accordingly.