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1. The Defendant (Counterclaim Plaintiff) paid KRW 47,723,390 to the Plaintiff (Counterclaim Defendant) and its payment from July 16, 2014 to October 28, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) On May 2014, the Plaintiff entered into a construction contract with the Plaintiff and the Defendant, and the Defendant’s building located in Gangnam-gu Seoul (hereinafter “principal hall”) from the Defendant on the first time.
) The building on the second, the third, the fourth, the fourth, the fifth and fourth floors, and D (hereinafter referred to as the “non-permanent building”) and the combination of the main and separate sections above is referred to as the “each of the instant buildings.”
(2) As to the third floor, the interior works for the use as the place of business of the entertainment planning business (hereinafter “the primary interior works”) were awarded a contract by designating the construction cost of KRW 34,593,300 as the construction cost (hereinafter “the primary construction contract”).
(2) On May 15, 2014, the Defendant paid KRW 17,290,000 to the Plaintiff as advance payment amounting to approximately 50% of the construction cost.
3) In accordance with the first construction contract, the Plaintiff performed the first interior works from May 14, 2014 to the end of the same month. On May 30, 2014, the time when the Plaintiff completed the said construction works, the Defendant’s representative director E, the Defendant’s representative director, requested for re-construction after changing the first interior works on the ground that part of the first interior works is not in his own mind (hereinafter “the second construction contract”). The sum of the first and second construction contracts (hereinafter “the instant construction contract”). 4) At the Defendant’s representative director’s request, the Plaintiff removed part of the completed parts pursuant to the first interior works. At the Defendant’s representative director’s request, the Plaintiff completed the additional interior works on each of the instant buildings (hereinafter “the second artificial interior works”), and the total sum of the first and second interior works “the instant construction works” (hereinafter “the instant construction works”). around 14, 2014.
B. In the event of the Plaintiff’s defect in each of the instant buildings, erroneous construction or defective construction was conducted in the course of performing the instant interior works. Accordingly, the following defects (hereinafter “instant defect”) were generated in each of the instant buildings: (a) the list of defects and the amount of defect damage; and (b) the instant defect were the same.