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1. The counterclaim Defendant: 15,008,000 won to the counterclaim and 5% per annum from March 19, 2020 to August 12, 2020.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged in full view of the following facts: Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 4-1, 2, Eul evidence No. 5, Eul evidence No. 6-1, 2, Eul evidence No. 7, 9, and 11, and the overall purport of the pleadings.
On September 3, 2018, the counterclaim entered into a contract with the counterclaim Defendant on the condition that the contract amount is 37,000,000,000 won with respect to Kimcheon-si apartment and D repair work (hereinafter “instant construction work”), the date of commencement, and October 26, 2018, with the date of completion as of September 5, 2018, and the date of completion as of October 26, 2018, the counterclaim Defendant entered into a contract with the counterclaim Defendant to execute the construction work. The contract amount is 35,00,000,000 won while the counterclaim did not carry out the construction work for set forth in the amount equivalent to 2,00,000 won, and the intermediate payment is 22,30,000,000 won upon consultation, and the remainder is 3,700,000 won upon completion of construction.
(hereinafter “instant construction contract”). B.
However, when the Lessee requested additional construction with respect to the instant construction work, the Plaintiff agreed to KRW 40,00,000. The Lessee paid KRW 1,500,000 as the construction cost of the instant construction work to the Counterclaim Defendant on September 3, 2018, and KRW 5,000,000 as the construction cost of the instant construction work on September 7, 2018, and KRW 17,000,000 on September 17, 2018, and KRW 7,000,000 on August 8, 2018, and KRW 10,000,000 on October 18, 2018, KRW 30,500 on October 23, 2018, and KRW 30,500 on the completion date of construction work on October 3, 200, KRW 1000 on the date of completion of construction work.
C. Although the Lessee paid all the construction cost of the instant case, the construction was not completed, and thus, the construction period was extended until February 2019, and the Plaintiff changed to allow the Plaintiff to move into the instant construction site until early April 2019. However, until that time, the instant construction was not completed.
On May 3, 2019, the Counterclaim Plaintiff terminated the instant construction contract on the grounds of the causes attributable to the counterclaim Defendant.