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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount constitutes an additional payment order.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 28, 2015, the Plaintiff received a contract from the Defendant during the construction period for the structural construction of the traditional Korean style (hereinafter “instant building”) in Ulsan-gun C, Chungcheongnam-do (hereinafter “instant building”) from the Defendant during the construction period from September 3, 2015 to September 23, 2015.
(hereinafter “instant construction contract”). B.
Under the instant construction contract, the Plaintiff completed the construction work at the YY on October 17, 2015, and completed the work at the YD and E from November 2, 2015 to November 9, 2015.
C. With respect to the instant construction project, the Defendant paid the Plaintiff KRW 14,090,00 in total amounting to KRW 500,00 on September 11, 2015, KRW 4,950,000 on the 24th of the same month, KRW 1,000,000 on October 16, 2015, KRW 23.5,000,000 on the 23th of the same month, and KRW 1,440,000 on September 9, 2015, KRW 1,20,000 on the E, and KRW 1,20,000 on the 1,40,000 on the 1,90,000 on the 5,950,000,000 on the 5,000,000 on the 5,000,000 on the 1,200).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5, 12, 13, Eul evidence 1 through 3 and 7, the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. The Plaintiff’s assertion 1) The construction cost of the instant construction contract ought to be calculated as KRW 18,405,00, which is the aggregate of the labor cost of the Plaintiff and the employees employed by the Plaintiff, used for the instant construction project. Therefore, the Defendant is obliged to pay to the Plaintiff the Plaintiff the unpaid construction cost of KRW 6,365,950 (2,00,000,000,000,000,000) and damages for delay from November 10, 2015, which the Plaintiff seeks following the completion date of the instant construction project. (2) The Defendant’s assertion that the construction cost of the instant construction contract is KRW 14,910,00,00, which is the aggregate of labor cost calculated under paragraph (3) of the instant construction contract.
B. 1) Determination of the instant claim for construction price as to the instant disposition document is not clear and acceptable where the authenticity is recognized.