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1. The Defendant (Counterclaim Plaintiff) is the Plaintiff (Counterclaim Defendant) with a 58.52 square meters of a light-scale steel structure on the ground C of the Gangwon-gun.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
On September 8, 2016, the Plaintiff: (a) concluded a contract with the Defendant on September 8, 2016, with the construction period of construction of a single-story housing of 58.52 square meters on the land of Gangwon-gun, Seocheon-gun (hereinafter “instant land”); (b) the construction period of construction from September 19, 2016 to December 1, 2016 (from September 19, 2016 to December 1, 2016; (c) the construction cost of construction of KRW 56,00,000 (contract amount of KRW 10,000,000, intermediate payment of KRW 30,000,000, balance of KRW 16,000,000).
(hereinafter “instant construction contract”). After that, from September 12, 2016 to October 20, 2016, the Plaintiff paid the Defendant totaling KRW 50,000,000 of the construction price.
On November 27, 2016, the Plaintiff and the Defendant drafted a written agreement with the following contents:
1. The location of floors of a roof other than a multi-purpose roof shall be revised according to design drawings;
2. A roof of a falling embankment shall be built on two floors and shall be modified and constructed in the same way as the gradient of the roof of the lower bank (the eaves shall not be changed, and only the floor shall be heighted);
3. The excluded construction works shall be determined solely by pressing and mooring (including the construction of tin crying works and the construction of the main wall).
5. The interior finishing of a falling room shall be constructed in the same way as the existing house (excluding the unit heating, excluding the floor heating, the finishing studs, and the wall studs/ the ceiling studs are excluded from the remote area);
6. The Plaintiff and the Defendant drafted a written agreement on December 22, 2016, which states that additional costs shall be KRW 8,800,000 (in addition to KRW 3,000,000).
- Of the remainder of 16,000,000 won in the construction contract agreement, the remainder of 6,000,000 won was paid at the request of the contractor, and the remainder of 6,000,000 won was paid at KRW 2,00,000 upon completion of the construction project, according to the progress of the construction project, and the windows, other days (including toilets) shall be paid at KRW 2,00,000 upon completion of the construction project, and the final construction project shall be paid at KRW 2,00,000 (including toilets) and the contractor shall be responsible for the basic repair of defects, and the completion of the construction project shall be treated by the contractor. A/S period is set at one year thereafter.