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1. On April 22, 2012, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 41,244,00, and on November 11, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 21, 2012, the Plaintiff entered into a subcontract for the reconstruction works by strengthening it from the Daeyang Integrated Construction, and concluded the following construction contracts with the Defendant on March 21, 2012 regarding the part of the re-building works of the re-building works of the said re-building works:
o Period: between March 19, 2012
4. Amount of 18.o.: The amount shall be adjusted and paid according to any change in the design and the change in the economic situation, and shall be adjusted in proportion thereto within 30 days after the date of adjustment from the ordering person, and shall be changed and agreed within 15 days after the date of change from the ordering person.
o Construction area: 184 square meters (12 meters in length x 2 meters in height) (40 meters in length x 4 meters in height), construction expenses per square meter in the area of a building, 260 million won in the area of a building project (a burner less than 100 won);
B. On April 15, 2012, the Defendant performed an additional construction after obtaining approval from the head of the Plaintiff’s site warden, inasmuch as the portion of “40 meters in length 】 height 4 meters” increases in actual construction volume to “80 meters in length x height 8 meters” during construction of the retaining wall construction, the Defendant completed the construction of the retaining wall totaled on April 21, 2012.
o The Defendant received construction payments from the Plaintiff, 800,000 won out of the price originally agreed upon after the completion of the above construction works.
(E) On July 1, 2012, the Plaintiff concluded a repair construction contract and completed the remuneration on October 31, 2010, when the Plaintiff entered into the said retaining wall on October 12, 2012, when the Defendant fell under a flood.
The plaintiff was paid insurance money of 3740,000 won by the Seoul Guarantee Insurance Company that entered into a defect warranty contract with the defendant.
[Reasons for Recognition] Part 1, Gap's each person of defendant, Gap's 1, 8, 9, 10, 11, Eul's 1 through 3, 5, 6, 15, 16, Gap's testimony, Gap's witness B's testimony, appraiser's appraisal result, appraiser C's appraisal result, the whole purport of the arguments
2. According to the Plaintiff’s claim for repair of defects, the Defendant collapses a retaining wall to the Plaintiff on August 2012 due to heavy rain.