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1. On October 30, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 41,331,00 to the Defendant (Counterclaim Plaintiff) and KRW 24,130,000 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On July 23, 2015, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the Defendant entered into a contract for remodeling construction work (hereinafter “instant construction work”) of the housing located in Yongsan-gu, Changwon-si (hereinafter “instant housing”).
B. The Defendant: (a) KRW 20,000,000 on July 23, 2015; and (b) KRW 9,500,000 on August 3, 2015; and (b) the same month to the Plaintiff.
5. 500,000 won, and the same month;
8. 10,00,000 won, 5,000,000 won on the 15th of the same month, 19.20,000,000 won on the 19th of the same month, and 70,000,000 won on the 29th of the same month.
C. Since August 29, 2015, the Plaintiff discontinued and did not proceed with the instant construction work.
The Defendant urged the Plaintiff to proceed with the instant construction work several times, and on October 29, 2015, sent text messages demanding the Plaintiff to terminate the instant contract and return the overpaid construction cost.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 4 through 6, the purport of the whole pleadings
2. Grounds for the claim;
A. The construction cost of the instant claim is KRW 85,00,000,000, and the Plaintiff also added the construction cost of KRW 30,000,000.
However, the Defendant unilaterally reversed the instant contract with the payment of the construction cost of KRW 70 million to the Plaintiff and with the payment of the remainder of the construction cost of KRW 70 million.
Therefore, the Plaintiff seeks payment of KRW 20,000,000 and damages for delay as part of the remainder of the construction cost to the Defendant.
B. The construction amount of the contract of this case for a counterclaim is KRW 80,000,000, and the additional construction works of the plaintiff's assertion are included in the contract of this case.
Since construction cost based on a work completed by the Plaintiff is KRW 45,870,00,000, it shall be refunded to the Defendant as unjust enrichment. 3,900,000,000, the Defendant suffered from the delay in construction, and KRW 17,201,00,000, in lieu of the defect repair.