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1. The Plaintiff (Counterclaim Defendant) is 457,100 won to the Defendant (Counterclaim Plaintiff) and 5% per annum from December 19, 2015 to June 22, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On June 9, 2014, the Plaintiff was awarded a contract with the Defendant on September 30, 2014, setting the construction cost of the construction work to newly build the C Ground Store and Housing at the time of leisure from the Defendant as the construction cost of KRW 280,00,000, and the due date of completion.
The Plaintiff received KRW 252,00,000 out of the construction cost by September 4, 2014. A significant portion of the completion work was excluded from the completion work on October 19, 2014, but the construction was suspended due to disputes arising with the Defendant due to the issue of additional construction cost, etc.
[Grounds for Recognition: Facts without dispute, Gap 1, 2, Eul 1, the purport of the whole pleadings]
2. Plaintiff’s claim for the construction cost (claim for Merit);
A. The Plaintiff’s assertion sought payment of KRW 93,824,00,000 for unpaid construction cost ( KRW 280,000,000 for 252,000 for - KRW 252,000 for additional construction cost) and KRW 74,00 for additional construction cost ( KRW 8,775,920 for non-paid construction cost).
According to the appraisal of additional construction costs of KRW 6,841,541 as a result of the assessment of construction costs of KRW 2,570,273 and KRW 706,504 and KRW 817,227,227 and KRW 1,61,862 and KRW 7 2,939, 136 and KRW 3,02,322,04 and KRW 26,18,0138,00 and KRW 1,662 and KRW 7 7 8,000, KRW 2,510,775 and KRW 4,000, KRW 26,18,013.
(b) Additional construction costs: 26,188,013 won;
(c) Part of the construction work executed by the defendant and non-construction work: 10,265,91 (1) part of the construction work executed by the defendant: 7,796,048 won: 7,796,048 won; 2nd floor strings (2 places); 3rd floor strings (1 place); 3rd floor strings (1 place); 3rd floor strings (1 place); 469,943 won 4; 413,364 won ; 1,37,036 won ; 31,00 balconys (31,606 won) 3rd floor 4th floor ; 648,937 ; 366 won ; 46,06 won ; 448,937
D. Even if considering the above non-construction portion, the main structural part in which the Plaintiff ceased construction on October 19, 2014 is the construction work as agreed upon.