공사대금
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 981,709 and also the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 1, 2014, the Plaintiff was awarded a contract with the Defendant for the construction period of the cel remodeling project located in Kimcheon-si from December 2, 2014 to December 24, 2014; the construction amount of KRW 115,500,000 (including value-added tax).
(hereinafter referred to as the “instant construction,” and the said Cel building is called the “instant building”). B.
On December 2, 2014, the Defendant paid to the Plaintiff KRW 30,000,000, KRW 30,000,000 on December 12, 2012, KRW 20,000 on the same month, KRW 3,00,000 on January 7, 2015, and KRW 90,000 on February 17, 2015.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 (including branch numbers), Eul evidence 1, the purport of the whole pleadings
2. Comprehensively taking account of the overall purport of the arguments as to the claim of the principal lawsuit, the Plaintiff concluded a contract with the Defendant for the instant construction, and completed the instant construction on or around December 24, 2014, and at that time, delivered the instant building to the Defendant.
(A) Around December 24, 2014, the Plaintiff: (a) completed the instant construction work; (b) the Defendant asserted that he/she operated the telecoming business in the instant building on or around December 30, 2014; (c) the Defendant did not specifically dispute the foregoing assertion; and (d) filed a claim for damages in lieu of defect repair by asserting the defect of the instant building, as seen below). Therefore, barring any special circumstance, the Defendant is liable to pay the Plaintiff the construction cost of KRW 25,500,00 (i.e., KRW 115,50,000 - KRW 90,000), and damages for delay.
3. Determination as to the defendant's assertion and counterclaim
A. The Defendant’s assertion that the construction of this case was suspended after the implementation of approximately 80% of the construction of this case, and some defects occurred in the part where the construction was implemented, and some defects still remain.
Therefore, the plaintiff is damages in lieu of the defect repair to the defendant, which was already paid by the defendant 14.