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1. The Defendant (Counterclaim Plaintiff) paid KRW 27,500,000 to the Plaintiff (Counterclaim Defendant) and the amount from January 16, 2015 to October 14, 2016.
Reasons
【Basic Facts Concerning Main Lawsuit and Counteraction】
1. On October 13, 2014, the Plaintiff: (a) around October 13, 2014, “the instant construction works” from the Defendant.
(1) 517,00,000 won (including value added tax, and 470,000,000 won for construction costs other than value added tax).
(B) Until November 30, 2014, the construction period was set up and subcontracted by 0.1% per day (0.1% of the construction cost) for the warranty bond, 5% of the construction cost, the warranty period for the warranty, 1 year, and the liquidated damages.
2. The special terms and conditions of the subcontract concluded between the Plaintiff and the Defendant are as follows:
(ii) the special terms and conditions of the contract (as outlines);
4. Not later than November 10, 190, an increase of 11,000,000 won per day (the supply price: 10,000,000, and 1,000,000,000 won) when executing the instant construction by November 10, the Plaintiff performed the additional construction required by the Defendant while carrying out the instant construction.
4. The Defendant paid the Plaintiff the construction cost of KRW 517,00,000 (including value-added tax) as set forth in the first subcontract agreement.
【Ground for Recognition: Facts without dispute, Gap evidence 1, 2, and 10 (including branch numbers in case of virtual number), the purport of the whole pleadings [see Supreme Court Decision 201Da1548, May 2, 201
1. Summary of parties' arguments as to the principal lawsuit;
A. On January 15, 2015, Plaintiff 1 agreed to increase the construction price of KRW 27,500,000 (including value-added tax) for the instant construction site director B, a legitimate agent of the Defendant, and for the portion of the additional construction work executed by the Plaintiff.
② At the Defendant’s request for additional construction, the period under the special conditions of this case shall be deemed to have been extended on November 17, 201 (from November 10, 2014). The Plaintiff completed the construction of the board of teams inside and outside the Republic of Korea by November 17, 2014, in compliance with the above conditions.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 38,50,000 including the additional construction cost of KRW 27,500,000 as agreed upon and the increased portion of KRW 11,00,000 according to the special terms of this case, and damages for delay.
B. Defendant 1 is the defendant.