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1. The Defendant (Counterclaim Plaintiff) paid KRW 2,926,412 to Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from June 24, 2015 to March 25, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 5, 2015, Plaintiff A entered into a contract with the Defendant with the amount of KRW 39 million from January 9, 2015 to January 26, 2015, for the period of the Rotterdam Corporation (hereinafter “the instant Rotterdam Corporation”) under Kimhae-si D, 1002 Dong 1106 (hereinafter “the instant Rotterdam Corporation”).
B. The Plaintiff A paid KRW 35.1 million to the Defendant of the instant construction price, but did not pay the remainder of KRW 3.9 million.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings
2. The parties' assertion
A. Plaintiff A is obligated to compensate the Defendant for damages incurred in the amount of KRW 6,816,412, as stated in the attached Table, due to the defect caused by the Defendant’s defective construction of the interior works of this case and the non-execution of the construction of the interior works of this case. Defendant is obligated to compensate for the damages incurred in the amount of KRW 6,816,412. The Plaintiffs suffered emotional distress due to the Defendant’s unilateral interior works and the insult and intimidation against the Plaintiffs. Therefore, the Defendant is obligated to pay the damages for consolation money each to the Plaintiffs.
3) The construction cost that the Plaintiff A is liable to pay to the Defendant is KRW 3,90,000,000,000 for the remainder of the construction cost, which is set off against the Plaintiff’s damage claim of KRW 6,826,412 due to the Plaintiff’s repair of defects and failure to perform construction works, and ultimately, the amount that the Plaintiff A is liable to receive from the Defendant is KRW 9,296,412 and damages for delay. (B) The Defendant’s counterclaim claim 1) calculated the construction cost as KRW 42,515,816 at the time of estimation of the instant interior construction contract, but the construction cost was calculated as KRW 39,00,000 on the condition that the Defendant would use the lower level than the materials that the Defendant would have used at the time when excluding the estimate of partial construction works. As such, the part that the Plaintiff performed the instant interior construction works after consultation with the Plaintiffs,