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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 28,450,456 and its KRW 9,961,206 among them, the Defendant (Counterclaim Defendant) shall have the effect on July 13, 2013.
Reasons
1. Basic facts
A. In order to operate the instant store on the first floor of the Gangnam-gu Seoul building, Seoul (hereinafter “instant store”), the Defendant, around February 4, 2013, set the construction cost of the instant store’s interior interior interior interior interior interior interior interior interior interior interior interior interior interior works (hereinafter “instant construction works”) to the Plaintiff as KRW 66,00,000, and the construction period from February 6, 2013 to March 5, 2013.
(hereinafter “instant contract”). (b)
On May 3, 2013, the Plaintiff terminated the instant construction work.
C. The Defendant paid the Plaintiff KRW 69,50,000 as the construction price, and paid KRW 71,853,450 in total, instead of the purchase price of materials equivalent to KRW 2,353,450.
On the other hand, on May 21, 2013, the Plaintiff is punished for disputes with the Defendant as a result of the payment of the construction cost.
Around June 28, 2013, a summary order of KRW 500,000 was filed against the Defendant, who suffered from scarcitys and scarcitys (hereinafter referred to as “the instant assault”), scarcitys and scarkes (hereinafter referred to as “the instant assault”), which requires medical treatment for 14 days, as well as from the Defendant’s assault.
[Ground of recognition] Facts without dispute, Gap evidence 2, 7, 16, Eul evidence 1, 2, and 3, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. A. A summary of the claim for additional construction costs 1) The Plaintiff, at the Defendant’s order, issued a tax invoice for KRW 63,181,818 and added value-added tax for KRW 71,853,450 on the part of the original construction works executed by the Plaintiff among the original construction works included in the instant contract. Since the Defendant paid KRW 63,80,00 to the Plaintiff, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 37,043,443 (= KRW 45,096,893 - KRW 63,80,800 - KRW 71,853,450). 2) Additional value-added tax on value-added tax was imposed on the Plaintiff at the Defendant’s request. The Plaintiff issued a tax invoice for KRW 63,81,818 upon the Defendant’s supply price. The Defendant delayed the payment of the construction cost, thereby imposing penalty tax of KRW 513,220.
This is a loss caused by the delay of the defendant's performance.