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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 4,675.
Reasons
1. The parties' assertion
A. On July 31, 2015, the Plaintiff concluded a contract with the Defendant for the construction site and its delivery in front of the construction site of the construction site of the building A, and the construction site of the bicycle track (hereinafter “instant construction”) from August 1, 2015 to August 20, 2015, with the construction cost of KRW 12,100,000, and the construction period of KRW 12,100,000, and the construction period from August 1, 2015 to August 20, 2015. However, the Defendant constructed India’s slope rapidly, and installed the rain pipe and Manle outside the site of the instant
Accordingly, the Plaintiff completed the instant construction work on September 17, 2015 by having the instant construction work reconstructed in the Doil Construction Co., Ltd.
The Defendant’s defective construction that caused the Plaintiff to remove the part of the Defendant’s construction, re-construction costs of removal, reconstruction costs of KRW 20,490,190, and damages of KRW 1,983,080 for ready-mixed equipment that the Plaintiff provided for the removal and reconstruction construction. Under the instant construction contract, the Plaintiff and the Defendant agreed to pay compensation for delay for delay of KRW 0.1% of the construction cost per day under the instant construction contract. As such, the Defendant is obliged to pay to the Plaintiff the compensation for delay of KRW 22,473,270 (=20,490, 190, KRW 1,983,080) and the compensation for delay between August 21, 2015 and September 17, 2015.
B. The Defendant contracted the instant construction work from the Plaintiff on July 31, 2015, but agreed to package only the original delivery and the bicycle track, but completed the instant construction work on August 22, 2015 by adding the construction work by installing the news block up to the site of the building at the Plaintiff’s request. As such, the Plaintiff is obligated to pay the Defendant KRW 29,813,350, including the construction cost in the instant case and the additional construction cost, and the delay damages therefrom.
2. Facts of recognition;
A. On July 31, 2015, the Plaintiff awarded a contract for the instant construction work to the Defendant with the construction cost of KRW 12,100,000 (the contract price of KRW 4,716) and the construction period from August 1, 2015 to August 20, 2015, and the Defendant paid the instant construction work on August 22, 2015.