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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. around November 13, 2015, the Defendant decided to newly construct a motor vehicle maintenance plant on the ground of 523 square meters in Bupyeong-gu Incheon Metropolitan City D Miscellaneous land owned by C (hereinafter “instant land”), and obtained permission from the head of Bupyeong-gu Incheon Metropolitan City vice-gu to construct a new motor vehicle-related facility from the head of Bupyeong-gu, Incheon Metropolitan City.
B. Around May 2016, the Defendant entered into a contract for construction works for the construction of a new automobile maintenance plant on the instant land with the Plaintiff as the construction cost of KRW 130,000,000 (value-added tax separate), and the specific content thereof are as follows.
Article 3 [Detailed Details of Construction Works]
1. Civil engineering works-to remove earth and sand, routers, reflags, and removal of man-made wastes;
2. Civil engineering work-construction unit (connection of sewage, sewage, tangible measuring instruments, and septic tanks);
3. Basic concrete works-replacement of steel bars, molding works, ready-mixed theory, ssawa machinery straws;
4. Iron and structural works;
5. Visiters;
6. Work on board a panel;
7. Changho Lake Corporation;
8. Pedestrian and toilet works;
9. Basic lighting works 10. Marshing and installing fences; Article 4 (Methods of Payment)
1. Contract deposit: 30 thousand won; and
2. The first installment of part payments: Building basic works (the basic concrete, the root of basic steel bars, the basic sewage and drainage works), 40,000,000 won.
3. Second installment payments: 40,000,000 won after the completion of steel frame works.
4. The third part payments: 20,000,000 won after completion of the installation works of the board of teams (clateral work and the Dog works).
5. Balance 10,000,000 won after the completion of construction.
6. The value-added tax shall be issued in electronic account form after depositing it into the Plaintiff's account on the date agreed by both parties;
Article 9 [Matters of Special Agreement] In addition to the general matters of the above contract, the following matters shall be determined by the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall prevail.
1. The Plaintiff may suspend the construction work at the time of receiving an intermediate payment by process.
3. The portion of the additional construction is to be executed after making a prior consultation between the Plaintiff and the Defendant.
C. The past construction work is conducted on the ground of the instant land.