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1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is simultaneously paid KRW 5,170,000 from the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 2, 2011, the Plaintiff received a new construction contract from the Defendant for the C Ground Housing (hereinafter “instant building”).
The main contents of the instant building construction contract (hereinafter “instant contract”) are as follows.
- The following construction period: 120 days construction amount: 250,000,000 construction amount: Advance (30%) - The first intermediate payment (20%) at the time of the commencement of the construction - the second intermediate payment (30%) at the time of the commencement of the construction - the balance of KRW 75,000,000 at the time of the commencement of the interior work (20%) - The remainder of KRW 50,000 at the time of the commencement of the interior work (20%) - the rate of liquidated damages at KRW 50,00,000 after the completion of the construction - the rate of liquidated damages at KRW 3/100 per day:
B. On March 7, 2012, the instant building was approved for use by the Si interest market.
C. The Defendant paid the Plaintiff KRW 200,000,000 out of the construction cost under the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. 1) The Plaintiff’s principal claim as to the Plaintiff’s principal claim. The Defendant paid only KRW 200,000,000 among the construction cost of the instant contract 250,000,000 to the Plaintiff. Since the additional construction cost of the instant building was required for KRW 7,194,200, the Defendant asserts that the Defendant should pay the Plaintiff the remainder amount of KRW 50,000 and the additional construction cost of KRW 7,194,200 and the additional construction cost of KRW 57,194,200, the total amount of KRW 57,194,200, and the delay damages amount of KRW 50,00 according to the instant contract. 2) The Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 50,00,000 under the instant contract and the delay damages therefrom, each of subparagraphs 3 and 4-2 of the Additional Construction Claim as claimed by the Plaintiff.
It is insufficient to recognize that the Defendant promised to pay the additional construction cost, and there is no other evidence to acknowledge it.