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1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 4,769,773 won and 4,763 won.
Reasons
Basic Facts
On March 31, 2014, the Plaintiff contracted the construction period to the Defendant from April 4, 2014 to July 4, 2014, the construction period of which is KRW 187,00,000, and KRW 110,000,00, respectively, for the construction of a new motor vehicle repair shop (hereinafter “instant repair shop”) on two parcels, other than Pyeongtaek-si C (hereinafter “instant site”).
(A) The Plaintiff entered into the instant construction contract from April 4, 2014 to August 2014, and the instant repair point was completed on December 15, 2014.
From April 1, 2014 to July 2, 2014, the Defendant paid the Plaintiff the construction cost of KRW 187,500,000 on five occasions.
[Ground for recognition] Fact-finding without dispute, Gap evidence 1-1 to 3, and the remaining fact-finding as to the ground for the claim of the principal lawsuit as to the purport of the entire pleadings, the defendant is obligated to pay the plaintiff the construction cost of KRW 109,50,000 (=187,000,000 + 110,000,000 - 187,500,000).
The Plaintiff asserted for the additional construction cost at the Defendant’s order that the Plaintiff did not perform the following additional construction works in addition to the instant construction works, or do not perform some of the instant construction works.
Therefore, the defendant is obliged to pay 4,532,000 won to the plaintiff.
On the first second second second second second second second second second second second second second second second second second second second second of the construction cost of the additional construction, the construction amount for this part of the construction project was the first 2,950,000 won. However, the Plaintiff, while installing one additional one different from the design drawing, intended to reduce the Plaintiff’s active construction amount of KRW 500,000 by 2,450,000, and to construct a 3 middle line of KRW 2,400,000 at the first 13,900,000, and at the Defendant’s order, to install a crowdfunding line of KRW 11,50,000 at the first 11,50,000,000. The difference is 2,40,000,000 next to the cafeteria 44,50,500, adjacent to the cafeteria 500,000.