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1. The Defendant (Counterclaim Plaintiff) paid KRW 6,970,183 to the Plaintiff (Counterclaim Defendant) and its related amount from May 18, 2019 to November 26, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The relevant Defendant and C are the building owner of multi-family house D (hereinafter “instant new construction”) in Namyang-si, Namyang-si, and the E (hereinafter “E”) is the company that received a contract from the Defendant and C for the new construction of this case. The Plaintiff is a company that received a contract from the Defendant for the new construction of this case (excluding glass; hereinafter “instant construction”).
B. 1) Defendant and C contracted the instant new construction work to E on January 5, 2018, with the construction cost of KRW 1112.1 billion, and the construction period from January 16, 2018 to September 2, 2018. (2) Defendant and C changed the construction period of the instant new construction work to October 31, 2018 between E and E; and (3) on October 30, 2018, the construction period of the instant new construction work was changed to December 31, 2018. According to the contract written at the time of the change, the relevant new construction period was changed to December 31, 2018.
C. 1) The Plaintiff entered into the instant construction contract with the Defendant on March 9, 2018, determined the contract amount of KRW 123,200,000 (including value-added tax) and the contract amount of KRW 3/100 per day for liquidated damages from March 9, 2018 to September 2, 2018 (hereinafter “instant construction contract”).
A) The Defendant and the Defendant agreed that the content and scope of the instant construction will follow the Shortop.Dwg (Article 4(3) of the Special Agreement), and that the volume verification monitoring (Article 6(1) of the Evidence No. 1) will be settled.
2) The Plaintiff received a total of KRW 86,240,000 from the Defendant, as the construction price under the instant construction contract, which was KRW 36,960,00 on March 15, 2018, and KRW 49,280,00 on August 8, 2018. D. The completion of the instant construction project was completed on December 11, 2018.