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1. As to KRW 19,278,063 and KRW 18,859,897, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) on April 24, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 9, 2016, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant, and with respect to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior installation works of KRW 40 million, and value-added tax, with the period of construction fixed from June 16, 2016 to July 22, 2016, with the exception of the signboard construction on June 12, 2016, the Plaintiff reduced the construction cost by KRW 93.5 million.
B. On July 26, 2016, the Plaintiff entered into an additional contract with the Defendant on the part of the Defendant, the boundary walls, and the wall Abeer Corporation (i.e., KRW 6,265,000, KRW 735,000, and value-added tax separate) with respect to the construction cost on a total of seven million (i.e., KRW 6,265,000; KRW 6,265,000, and the remainder of KRW 735,000, respectively, with respect to the additional construction (hereinafter “instant additional construction”).
C. On August 2, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “The contract shall be rescinded in accordance with Article 673 of the Civil Act on the grounds of the Plaintiff’s nonperformance of obligation that was not completed by the date of completion of construction.” At that time, the content-certified mail sent to the Plaintiff.
From June 10, 2016 to July 12, 2016, the Defendant paid the Plaintiff KRW 7,350,000 as the construction cost, and paid KRW 6,265,00 as the additional construction cost on July 28, 2016.
E. Meanwhile, according to the technical height and the appraisal of defects by the appraiser F (hereinafter “appraisal”), the Plaintiff’s construction work performance ratio is 63.01% (=total construction cost of KRW 96,060,273 ± total construction cost of the Plaintiff’s construction work ± total construction cost of KRW 152,443,776 ± total construction cost of the Plaintiff ± total construction cost of KRW 152,443,76, singler construction cost of less than four decimal places), and the total construction cost of KRW 63,328,642 [total construction cost of KRW 150,500,000].