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1. The Defendant (Counterclaim Plaintiff) paid KRW 65,432,359 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim on January 12, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 5, 2016, the Plaintiff and the Defendant determined that the construction period for D Kafs and grass loan (hereinafter “instant building”) located in Seopo-si C (hereinafter “instant construction”) shall be from August 5, 2016 to December 5, 2016, the construction cost of KRW 144,000,000 for advance payment of KRW 792,000,000 for the construction cost, and 20% when completion of the 3rd floor shipbuilding work, 30% at the completion of the 3rd floor shipbuilding work, 20% at the completion of the 3rd floor shipbuilding work, and 10% after completion of the interior works.
(E) The Plaintiff and the Defendant indicated the amount of KRW 747,00,000 on a written estimate (Evidence A (Evidence 2) as the “NEGO” in the written estimate (Evidence A).
[1] The term “instant contract” was stipulated as KRW 720,000,000 (hereinafter “instant contract”). The main contents of the contract under the instant contract are as follows: (a) the terms and conditions of the instant contract are stipulated as the contract for construction work (hereinafter “instant contract”).
(A) A shall be the plaintiff and B shall be the defendant. Article 7 (Land Repayment) of the terms of the contract for the construction project shall be paid to A with a delay equivalent to 3/1,000 for the number of delayed days if the construction is not completed within the contract period.
(1) After the conclusion of this contract, Gap and Eul may modify the design and specifications of the whole or any part of the Corporation as it considers necessary. (2) If there is a difference between the drawings and the actual quantities presented by Gap and Eul, it may be adjusted by agreement between Gap and Eul.
3) When an increase or a decrease in the contract amount under paragraphs 1 and 2 has occurred, A and B may make an increase or decrease in adjustment by mutual agreement. Article 9 (Other Matters)(1) does not proceed with construction for more than three consecutive days without justifiable grounds, A may unilaterally reverse the contract with B, and the compensation for damages arising therefrom shall be made to B.