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1. The Plaintiff (Counterclaim Defendant) paid KRW 2,050,645 to the Defendant (Counterclaim Plaintiff) and the amount from May 10, 2018 to January 30, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Judgment on the ground for the plaintiff's main claim
A. On October 30, 2013, the part in the preparation of the construction contract, which the Plaintiff received from the Defendant a contract for the extension work next to a ground factory C (hereinafter “instant construction”) from the Defendant to KRW 154,000,000 (including additional tax; hereinafter the same shall apply) and completed the construction work, is not a dispute between the parties. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 22,00,000 (the Defendant does not dispute the construction cost) as sought by the Plaintiff.
The plaintiff's assertion on this part is with merit.
B. The Plaintiff asserts that at the Defendant’s request, the Plaintiff entered into an oral agreement on the additional construction and added construction equivalent to KRW 64,760,000. However, considering the overall purport of the pleadings as a result of the appraiser D’s appraisal, the Plaintiff may recognize the fact that the Plaintiff entered into an additional construction work with only 14,659,91 won, excluding the remainder of KRW 20,196,00,00, excluding the remainder of KRW 20,196,00, the total appraised by the said appraiser, for total of KRW 15,00,00, and there is no other evidence to acknowledge otherwise, barring any special circumstance, the Defendant is obliged to pay the Plaintiff KRW 14,659,91 as additional construction cost. This part of the Plaintiff’s assertion is with merit within the aforementioned recognition scope, and the remainder of the appraisal items is without merit. However, there is no evidence to deem it to be a construction work by the Plaintiff.
② Construction works for the prevention of the second floor: The calculation shall be made according to the plaintiff’s assertion without confirming whether an appraiser has performed the construction works for the prevention of the second floor. There is no evidence to prove that the plaintiff additionally performed the construction works for this part.
(2) The portion rejected shall be 3,846: 3,846.