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1. The Defendant (Counterclaim Plaintiff) paid KRW 19,620,570 to the Plaintiff (Counterclaim Defendant) and its related amount from September 16, 2015 to September 27, 2017.
Reasons
1. Basic facts
A. On November 11, 2014, the Plaintiff was awarded a contract with the Defendant for KRW 123,000,000 for a new construction project (hereinafter “instant construction project”) of KRW 25 square meters for the instant housing (hereinafter “instant housing”).
(hereinafter “instant contract”).
B. After that, the Plaintiff and the Defendant agreed to separately perform landscaping construction works included in the scope of construction under the instant contract, and agreed to reduce the construction cost to KRW 107,50,000,000. The Defendant paid the Plaintiff the construction cost of KRW 10,000,000 to the extent that the construction area exceeds three square meters.
C. The Defendant paid the Plaintiff KRW 10,000,000 as the instant construction cost on November 13, 2014, and KRW 10,000,000 on December 13, 201 of the same year, and thereafter KRW 75,00,000.
After the conclusion of the instant contract, the Plaintiff and the Defendant agreed to deduct the amount equivalent to the cost of the visit from the construction cost, as the Plaintiff did not have any visit loss equivalent to KRW 86,00,000, which was included in the construction cost of KRW 1,000.
E. The Defendant, on July 2, 2015, has undergone a completion inspection on the instant house, and on July 4, 2015, occupied the instant house and resided therein.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. The Plaintiff’s assertion of the construction cost of this case is KRW 107,500,00, and the additional construction cost following the expansion of the building area of three square meters is KRW 10,000,00, and the additional construction cost of the boiler room is KRW 10,000,00, and the installation cost of the boiler room’s basic and floor construction work, the string construction work, the string floor and roof part construction work, the 2nd floor embankment construction work, and the additional construction cost according to the 2nd floor balcony construction work
The Plaintiff received KRW 95,00,000 from the Defendant as the payment for the construction work, and the amount of deduction for free provision, such as a new decoration, and for visit loss, is KRW 1,586,00,000, due to defects in the instant construction work.