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1. Of the instant counterclaim by the Defendant-Counterclaim Plaintiff, the amount of KRW 396,911,58 and the damages for delay are assessed against the Defendant-Counterclaim Plaintiff.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Presumed factual basis
A. 1) On April 8, 2009, the Defendant entered into a construction contract with the Plaintiffs and Geum River Construction Co., Ltd. (hereinafter “ Geum River Construction”).
(2) On April 16, 2009, the Defendant agreed to the total construction contract amount of 3,462,80,000, total construction contract amount of 983,400,000, remaining construction contract amount of 2,479,400,000, total construction contract amount of 4,470,400,000, total construction contract amount of 1,535,160,000, total construction contract amount of 2,935,240,000, and the remaining construction amount of 2,935,240,000, and confirmed that the Defendant will execute the construction of each remaining construction contract amount of 2,462,80,00,000, total construction contract amount of 2,479,400,000,0000, total construction contract amount of 2,400,0000,000,000,000.
3) On April 16, 2009, the Defendant entered into a subcontract for construction works with the terms of a contract for construction works with regard to the first subcommittee construction and reinforced concrete construction among the entire construction works of this case (hereinafter “the first construction works of this case”) at KRW 765,270,00, and KRW 1,121,010,000, and the construction period at KRW 1,21,010,000, and from April 4, 2009 to August 4, 2009, and completed the first construction works of this case at around August 4, 2009.
B. On September 22, 2009, the Defendant adjusted the items of reinforced concrete construction and the items of reinforced concrete construction, and reflected them as the construction sections have been reduced compared to the original contract, and accordingly, the Plaintiffs and the instant construction costs of KRW 2,479,40,000 among the entire construction works of this case are KRW 1,282,49,490,000, and KRW 2,935,240,000 of the construction cost of reinforced concrete construction parts are changed to KRW 5,761,80,000, respectively. The instant primary construction works of this case are part of the instant construction works.