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1. The Plaintiff (Counterclaim Defendant) paid KRW 32,794,642 to the Defendant (Counterclaim Plaintiff) and its related amount from July 13, 2013 to November 1, 2013.
Reasons
1. The facts recognized shall be deemed to be the combination of principal lawsuit and counterclaims;
A. On May 10, 2010, the Plaintiff entered into a contract with the Defendant with respect to the construction work for the Corporation to issue a contract (hereinafter “instant contract”) under the terms and conditions as follows with respect to the construction work for the Corporation to issue a settlement agreement (hereinafter “instant construction work”).
(O) The construction period: The method of paying the O price of KRW 245,00,00 (not value-added tax): 10% of the down payment: / 20% of the down payment after the construction of underground aggregates / 20% after the interior 15% after the completion of the civil engineering works from May 12, 2010 to August 10, 2010 after the completion of construction: 3/100 of the liquidated damages rate of KRW 3/100 for delay within 20 days after the completion of construction.
B. However, in the course of the Plaintiff’s proceeding with the instant construction, construction was delayed than the first set construction process, and the following construction problems arose.
There is a phenomenon of construction, water leakage, and concrete stuffing phenomenon in the construction of the construction section No. 1 D. 1D. ① Construction of a part of the drainage facilities not to be constructed at the time of the initial construction. ② Construction of a part of the drainage facilities not to be installed by additional construction by the following methods: ③ Construction, water leakage, and concrete stuffing with the floor part; ③ Construction of a concrete string part in the interior due to the interior modification of the design, design modification, and design modification, and construction and disposal of the underground floor by the method leading to the underground floor tent tent. 3 Hand-string, there is a lack of interference with the structure of the building.
Since then, even though the Defendant requested the Plaintiff to implement the Liberal Project and the underground outer wall waterproof Construction, etc., which was omitted several times, and to remove concrete, etc. in the landscaped site, no particular resolution was reached. On July 30, 2010, the Defendant notified the Plaintiff that the instant contract would be terminated due to the violation of the instant contract and delay in air, etc.
On the other hand, the Defendant paid the Plaintiff the construction cost of KRW 49,000,000 in total prior to the notice of termination of the instant contract.
[Reasons for Recognition]