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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 12,550,210 and its amount from April 10, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 9, 2014, the Plaintiff: (a) from the Defendants on April 9, 2014, the amount of KRW 640,000 [including value-added tax; (b) the service area (including balcony expansion, pen-to-land (sub-story); strings; strings; steel bars; strings); strings); and (c) the period from April 4, 2014 to May 13, 2014; and (d) the Plaintiff was awarded a contract to pay as liquidated damages an amount calculated by multiplying the construction price by 0.4% for each number of days when the Plaintiff did not complete construction by May 13, 2014.
(hereinafter “instant contract”). (b)
The Plaintiff completed the instant construction work around June 9, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. Upon entering into the instant contract with the Defendants, the Plaintiff claimed for additional construction cost as a result of an increase in the actual construction area: (a) calculated the Plaintiff’s oral size of 50 square meters; (b) KRW 1.1 million per square year; and (c) KRW 640 million; and (d) actual construction area of KRW 3,138.93 square meters (per 698 square meters) and the service area (per 698.5 square meters) is not more than 1.5 square meters; (b) insofar as the Defendants’ height of the floor was not more than 2.14 m or 2.17m high; and (c) even if the Defendants’ height was not higher than 2.14m or 2.17m high; and (d) the Defendants were jointly and severally obligated to pay the said additional construction cost to the Plaintiff.
In full view of the overall purport of the arguments in the statement No. 4-1, No. 4-2, and No. 3, the plaintiff is recognized as having been engaged in the construction work at the height of the height of the height of the height of the height of the height of the ground-to-story from 2.14m to 2.17m., on the other hand, the plaintiff and the defendants agreed that the height of the ground-to-story (the second floor) at the time of the conclusion of the contract in this case as the service as mentioned above.