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1. The Defendant (Counterclaim Plaintiff) paid KRW 50,736,80 to the Plaintiff (Counterclaim Defendant) and its related amount from May 27, 2015 to July 10, 2018.
Reasons
1. Basic facts
A. On December 3, 2014, the Plaintiff requested the Defendant to construct a Korean-style house outside C and four parcels, and presented a written estimate of KRW 236,000,000 in the execution of a debt collection, and KRW 143,20,000 in the execution of a debt collection, KRW 60,000 in the execution of a debt collection, KRW 60,000 in the execution of a debt collection, and KRW 279,70,00 in the execution of a neighborhood living facility.
B. On December 11, 2014, the Plaintiff prepared a contract for the construction period for the construction of vegetables with the Defendant from December 11, 2014 to April 30, 2015, which is KRW 236,00,000 of the contract amount (including value-added tax) and started the construction of vegetables, and began the construction without preparing a formal contract for the construction of vegetables and separate bonds.
C. On May 19, 2015, the Defendant notified the Plaintiff of the cancellation of the contract, and thereafter, the Defendant left Nonparty D, who was the working person of the Plaintiff, in charge of the rest of the construction work. Around May 27, 2015, the Defendant moved to an internal bond when there was any defect in the window title, wall part, etc.
【Evidence A’s Evidence Nos. 1 through 6, 33
2. The assertion;
A. The Plaintiff asserts that, as follows, the Plaintiff sought payment of KRW 147,450,013 remaining after deducting the total construction cost of KRW 56,00,000 paid from May 11, 2015, including the total construction cost of KRW 235,00,000 paid, KRW 51,943,96, and KRW 147,450,013,013, which is the sum of the total construction cost of KRW 116,163,80,09, and the total construction cost of KRW 20,000,00 paid from KRW 235,09,09, and KRW 20,000 paid from May 11, 2015.
순번 항목 금액(원) 1 안채 잔여공사대금 56,000,000 2 사랑채, 별채 기성고 116,163,809 3 사랑채(툇마루) 공사 준비비용 955,500 4 별채(대청마루) 공사 준비비용 605,500 5 근린생활시설 공사 준비비용 41,375,000 6 이윤 상실손해 20,000,000 합계 235,099,809
B. The counterclaim Defendant filed a claim for damages amounting to KRW 60,500,000 in lieu of the remuneration, and simultaneously offset the Plaintiff’s claim for construction cost by using the damage claim as an automatic claim.