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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) for KRW 9,456,260 and KRW 478,980 among them, from November 15, 2018.
Reasons
1. The plan for the payment of construction expenses at 0.01% of the contract amount of 398,000,000,000 on October 11, 2018 as of the scheduled date of completion of the basic fact scheduled on May 9, 2018 (excluding additional dues) - The first down payment: 79,60,000 won - the second (6.5), the third (7.5.), and the fourth (8.5.) (8.5.): Total amount of 278,60,000 won - the five (5 (18.18.): 29,80,00,000 won;
A. On April 26, 2018, the Plaintiff awarded a contract to the Defendant for a new construction of a detached house on the ground of Yongsan-gu, Yongsan-gu, Busan Metropolitan City C, and the following major points:
The construction contract was entered into, and the construction cost payment agreement was prepared separately.
(hereinafter “instant construction contract”). B.
In light of the estimate submitted by the Defendant to the Plaintiff at the time of the instant construction contract, the part excluded from the estimate is indicated as “including various kinds of human construction works and contributions, urban gas construction works, fire-fighting, electricity, and communications supervision expenses, furniture construction, lighting fixtures, various rental business expenses, and the prime scambing,” and, in relation to the estimation criteria, the said part is indicated as “1) temporary construction, soil construction and reinforced concrete construction - detailed quantity standards, and the settlement terms at the time of the modification of drawings and the increase in volume, and 2) creative and metal construction - creative - creative estimate.”
C. The Defendant failed to complete the construction before the completion date of the instant construction contract, and the Plaintiff urged the Defendant to perform the construction works, and demanded the completion date at the construction site on November 1, 2018, and notified the Defendant that the instant construction contract was terminated as of November 5, 2018.
The Plaintiff paid a total of KRW 313,900,000 to the Defendant for progress payment until the termination of the instant construction contract.
E. According to the final result of the construction work and appraisal of the instant case, the height and ratio of the building under the instant construction contract is 71.59%.
(The cost additionally invested in the construction work, metal work, etc. is the base value reflecting the appraiser's estimation and reflection. It is the base value according to the 2th opinion of the appraiser on June 11, 2020.