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1.The judgment of the first instance shall be modified as follows:
2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 27,299,90 and KRW 27,290.
Reasons
1. The scope of the judgment of this court is obvious in the record that the plaintiff's compensation for delay as stipulated in the contract for construction work of a factory against the defendant, the claim for the principal claim to the effect that the defendant seeks expenses for the outstanding construction of a factory against the defendant, the balance of the construction price against the plaintiff and the claim for the counterclaim against the plaintiff for payment of damages for delay. The first instance court accepted only part of the expenses incurred for the non-construction of the defendant or erroneous construction and accepted part of the counterclaim and dismissed all of the remaining counterclaims and the claim for the principal claim against the plaintiff. The scope of the judgment of this court is limited to the compensation for delay which is the part against the plaintiff, the part against
The principal lawsuit and counterclaim of this case shall be deemed to be filed together.
2. Basic facts
A. On March 31, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction of a new factory A on the ground B (hereinafter referred to as “instant factory”) with the cost of construction KRW 6.5 billion (excluding value-added tax), from April 1, 2013 to August 31, 2013 (from April 1, 2013; the date of commencement of construction; the date of completion of construction; August 31, 2013); and the construction contract (hereinafter referred to as “instant construction contract”).
Since then, the total construction cost is KRW 677,300,000 (including value-added tax) in total due to the additional construction contract.
B. The Plaintiff and the Defendant agreed that with respect to the construction cost as a special agreement at the time of the conclusion of the instant construction contract, ① KRW 100 million for the down payment shall be paid within 10 days after the conclusion of the contract, ② KRW 100,000 for the first phase payment shall be based on the framework bed and slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive
(c).