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1. The Plaintiff (Counterclaim Defendant) paid KRW 230,359,070 to the Defendant (Counterclaim Plaintiff) and its related amount from October 8, 2015 to July 25, 2018.
Reasons
1. Basic facts
A. On July 18, 2013, the Plaintiff (contractor) and the Defendants (joint contractor) concluded the instant construction contract with respect to the construction work of KRW 1,848,00,000 for the land-based C and D ground-based houses (hereinafter “instant building”) (hereinafter “instant construction work”).
B. Around January 2014, among the instant construction works, the design was modified from the existing building on the second floor on the ground to the third floor building on the ground among the instant construction works.
In addition, on May 2014, there was a discovery that part of the administrative Dong around the road boundary line was constructed, and the design drawing was changed to cut off the part of the already constructed bed.
C. The Defendants had several additional construction works due to the foregoing design modification, etc.
After the Defendants’ execution of each additional construction work, the Plaintiff and the Defendants agreed on the payment of the additional construction cost to the Plaintiff on the basis of the submission of the detailed statement of construction cost corresponding thereto. The agreed price for the additional construction work from the first to the fifth is KRW 652,11,510 in total.
Of the instant buildings, the approval for use was made on July 25, 2014 for the factory building, and on March 24, 2015 for the office building, respectively.
[Ground for recognition] The facts without dispute, Gap evidence Nos. 1, 4, 8-11, 20, Eul evidence Nos. 10, Eul evidence and Eul evidence Nos. 29,613,600 (part of claim for delay)'s claims asserted by the plaintiff, the plaintiff's claims for compensation for delay of 5 days (130 days delayed) are recognized only 4,685,729,000 won, and damages claim Nos. 43,50,755, and damages claim Nos. 398,59,355, and damages claim Nos. 398,39,355, and Eul's claims for the additional construction cost of KRW 181,313,510,510,2131,350,500, and KRW 4505,000,000, and KRW No. 39815,361,505,00,050.