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Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount shall be ordered to be paid.
Reasons
The trial scope of this Court against a counterclaim is in the first instance trial against the plaintiff, and the defendant claimed damages in lieu of defect repair in the construction part or the non-construction part under the contract of this case, and also filed a counterclaim seeking the payment of liquidated damages due to the delay in construction completion.
The first instance court dismissed all of the defendant's counterclaims, and the defendant filed an appeal only against the part of the claims stated in the counterclaims claim as the grounds for appeal.
Therefore, the scope of the trial of this court against the counterclaim is limited to the above part of the lawsuit.
Basic Facts
On February 11, 2016, the Plaintiff: (a) from the Defendant on February 11, 2016, the construction of the three-story building on the ground (hereinafter “instant building”); and (b) entered into a construction contract (hereinafter “instant construction contract”) with the content of the supply of and demand for the instant construction works (hereinafter “instant construction”).
The main contents of the instant contract are as follows.
1. Total floor area of a building: 429.69 square meters ( around 130 square meters) 15 square meters in a rooftop;
2. The construction cost shall be 2.5 million won per square meter.
3. The standard model shall be set forth at D levels.
7. Products excluded from the above construction costs: design cost total amount, employment and industrial accident insurance, electricity, gas, water supply and storage costs, electric measuring instruments, and other miscellaneous 10.2 pages 10.2 of stones construction will be brickd.
11. 20 million won due to the construction of bricks shall be included in the construction cost.
12. The settlement of construction costs shall be paid to the Plaintiff on a five-yearly basis, and shall be paid at any time at the time of the Plaintiff’s request.
From February 18, 2016 to April 27, 2016, the Defendant paid the Plaintiff KRW 330,000,000 in total for the construction cost under the instant contract four times.
The Defendant obtained approval for the use of the instant building on September 6, 2016.
[Ground of recognition] The plaintiff is the plaintiff of the parties to the whole pleadings, as alleged in the absence of dispute, Gap evidence Nos. 2, 3, and 4 (including a branch number; hereinafter the same shall apply).