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1. From May 13, 2016 to July 17, 2018, Plaintiff (Counterclaim Defendant) paid KRW 21,160,000 to Defendant (Counterclaim Plaintiff) and its related amount.
Reasons
1. Basic facts
A. On November 10, 2015, the Plaintiff was awarded a contract by Nonparty C with KRW 24,00,000 (excluding value-added tax) for each contract price of the DD Corporation (E and six other places) at the same time.
B. On November 18, 2015, the Plaintiff subcontracted the above installation work (E and six places) to the Defendant by setting the contract amount of KRW 84,000,000 (excluding value-added tax) and the contract period from November 18, 2015 to December 20, 2015.
At the time of the defendant's failure to complete construction and production due to the defendant's reasons, the defendant shall compensate for all damages requested by the plaintiff and deduct the amount from the amount of the unpaid construction cost.
C. On December 21, 2015, the Plaintiff subcontracted the Defendant with the contract price of KRW 27,000,000 (excluding value-added tax) and the contract period from December 21, 2015 to December 28, 2015.
Meanwhile, on January 30, 2016, C notified the Plaintiff that KRW 25,00,000 should be deducted from the contract amount on the ground that the completion of the construction work was not completed even before January 30, 2016, on the ground that the construction work was not completed, even before December 30, 2015.
[Evidence A] Evidence Nos. 1, 2, 3, 11
2. The part concerning the principal claim
A. As to the claim for liquidated damages amounting to 25,50,000 won, the Plaintiff asserts that the Defendant delayed the completion of construction from January 1, 2016 to January 30, 2016, and that the Plaintiff is liable to pay 25,50,000 won for liquidated damages for 30 days (=168,000,000 x 0.5% x 30 days).
Dor, however, the following facts can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 13 and Eul evidence Nos. 1 through 8.
㈎ 피고의 D공사 범위는 외부 틀, 내부 중 천정과 바닥을 시공하는 것이고, 내부 벽체와 장비 및 싱크대를 포함한 내부는 원고가 시공하는 것이다.
As above, the Defendant’s assertion that the Plaintiff’s construction and the Defendant’s construction are mixed among the D Corporation’s construction are combined is a tax invoice, quotation, and the Plaintiff’s construction.