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1. The Defendant (Counterclaim Plaintiff) paid KRW 146,969,660 to the Plaintiff (Counterclaim Defendant) and its related amount from June 29, 2013 to October 15, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 14, 2012, the Plaintiff and the Defendant entered into a construction contract with the Plaintiff on the following: (a) the new construction of the instant apartment house on the ground outside C and three lots (hereinafter “D”); and (b) the construction of the instant apartment house on the ground outside E and four lots (hereinafter “F”) on the following terms: (a) the construction contract for each of the instant construction works is entered into between E and the instant construction works; (b) each of the said construction works is the “each of the instant new construction works”; and (c) D and F together with each of the instant construction contracts.
The main contents of the standard terms and conditions of the contract for private construction works attached to the contract for each new construction project of this case are as listed below 3. The basis for calculating the construction cost at the time of the conclusion of the contract for each new construction project of this case is as listed below 4.
The date of commencement: The contract amount on November 30, 2012: 6,960,00,000 won: 50,000,000 won portion: The interest rate for delay in payment once in January: Article 25 (3) (1/1,000: 1/1,00 of the interest rate for delay: the date of commencement on March 1, 2012: The scheduled date of completion: the contract amount on March 30, 2012: 5,209,50,000 won: 50,000 won portion of the construction work: 50,000,000 won: 1: 25:3 (3) of the interest rate for delay in payment in January: The date of completion inspection on March 1, 2012; 25 (19:3) of the construction work for which the completion inspection was requested in writing.
Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.
Article 24 [Completion Inspections] (1) “Plaintiff” shall notify “Defendant” when the construction is completed, and “Defendant” shall conduct an inspection without delay in the presence of “Plaintiff” after receiving notice, and the results of the inspection within 10 days after “Defendant” is notified of “Plaintiff.”