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1. From December 23, 2016 to January 30, 2018, the Defendant (Counterclaim Plaintiff) paid KRW 797,672 to the Plaintiff (Counterclaim Defendant) and its related amount.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. On September 23, 2016, the Plaintiff entered into a construction contract with the Defendant under which the Plaintiff would contract the Defendant for remodeling of the third floor building located on the main city C and D’s ground (hereinafter “instant building”) for the cost of KRW 98,36,00 (excluding value-added tax) (hereinafter “instant construction contract”).
B. The Plaintiff paid the Defendant the construction price of KRW 30,00,000 on September 26, 2016, and KRW 20,000,000 on October 7, 2016, and KRW 20,000,000 on October 14, 2016, and KRW 6,000,000 on October 19, 2016, and KRW 10,000 on October 27, 2016, and KRW 96,00,000,000 on October 28, 2016 + KRW 20,000 on October 28, 2000 + KRW 20,000 on October 20, 2000; and
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 4 (including branch numbers; hereinafter the same shall apply), and the purport of the entire pleadings are asserted by the parties concerned. The plaintiff does not proceed with construction from November 12, 2016. Thus, the plaintiff is obligated to terminate the construction contract of this case by serving a copy of the complaint of this case. The defendant is obligated to pay to the plaintiff 28,824,800 won (including 67,175,200 won - 67,175,200 won), excluding construction cost equivalent to 67,175,200 won from the construction cost already paid to the plaintiff as a result of restitution. 2) Since there exists a defect in the part executed by the defendant, the defendant is obligated to pay 2,273,00 won to the plaintiff as compensation for defect repair in lieu of defect repair.
3 The plaintiff, as an additional construction upon the defendant's recommendation, has been performing roof removal and facility construction works. The defendant notified of the column of construction subject to construction permission and did not receive it, and eventually, he was removed from the 5,500,000 won upon receiving a corrective order from the original city.
The defendant will move the air conditioner to the plaintiff on the rooftop of the building in this case.