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1. The Plaintiff (Counterclaim Defendant) from March 7, 2015 to the Defendant (Counterclaim Plaintiff) Co., Ltd. 39,549,487 won and its related amount.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of premise;
A. On September 2, 2014, the Plaintiff entered into a contract with the Defendant Company for the construction cost of KRW 109,000,000 for the construction cost of the new construction of the D-Ground Electric Source Housing in Jeon-gun, Jeonnam-gun. Under special conditions, the Plaintiff determined that “The construction cost amount shall be set at KRW 3,50,00 per square year by converting the size of the area, other than the warehouse, bead, multi-use room, and boiler room, according to the design drawings and specifications, into a contract with the Defendant Company, “The construction work and various appurtenant works shall be calculated separately.”
(hereinafter “instant contract”). (b)
The Plaintiff paid the Defendant Company a total of KRW 101,50,000 to the construction cost by November 24, 2014.
[Ground of recognition] Unsatisfy, Gap 1-3, 5 evidence, the purport of the whole pleadings
2. According to the purport of the entire argument of the Plaintiff’s claim against Defendant C, Defendant C is the Defendant Company, since it is recognized that the actual operator of the Defendant Company had concluded a contract with the Plaintiff on behalf of the Defendant Company.
Compensation in lieu of defect repairs based on the contract to Defendant C and claims for various substitute payments are without merit.
3. Details of the contract and the scope of additional projects;
A. The plaintiff asserted that the primary construction works of the first floor warehouse, beeras, multi-use room, boiler room, and boiler room are included in the contract, and that the construction works of the first floor, separately from E, entered into a construction contract, and the defendant entered into an agreement with E to adjust the actual cost of the materials cost of KRW 10 million, and the defendant entered into an agreement with the defendant to set up access roads, retaining walls, and barks for services.
At the Plaintiff’s request, the Defendant: (a) was engaged in the dice room, multi-use room, washing room, boiler room, family room of the second floor and the second floor; and (b) was engaged in additional construction works; and (c) agreed on the additional construction cost.