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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 65,517,366 and its payment from September 14, 2017.
Reasons
1. Facts of recognition;
가. 원고는 모터, 펌프제작 및 설치 등을 하는 법인이며, 피고는 토목건축공사업을 하는 법인이다.
B. On September 26, 2014, the Plaintiff concluded a contract with the Defendant for the construction of a factory located in Seo-gun C (hereinafter “instant pledge”) by determining the amount of construction cost of KRW 617,540,000 (including surtax) and the date of completion until December 30, 2014 (which was extended on March 31, 2015 thereafter).
C. As a result of the appraisal of defects in the instant construction project, it was appraised that the cost of repairing defects was necessary.
[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence Nos. 1 through 2 (including virtual number), appraiser D's appraisal result, the purport of the whole pleadings
2. According to the facts of the judgment on the claim of the principal lawsuit, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from September 14, 2017 to the day of complete payment, as the Plaintiff seeks, 65,517,366 costs for repair of defects in the instant construction project and the Plaintiff’s delivery of the copy of the application for alteration of the purport of the claim of this case and the cause of the claim.
3. Judgment on a counterclaim
A. While the Defendant’s assertion was underway the construction project, there was an additional construction cost of KRW 10 million in total and KRW 70 million in total due to the modification of the design in the front front of the office building as the factory height was changed from KRW 7 to 8 meters at the Plaintiff’s request.
Therefore, the Plaintiff is obligated to pay the Defendant the above additional construction cost of KRW 80 million and its delay damages.
B. The defendant's assertion is not sufficient to acknowledge the defendant's assertion, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.
4. The conclusion is that the plaintiff's claim of the principal lawsuit is reasonable, and this is accepted, and the defendant's counterclaim.