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1. The Defendant (Counterclaim Plaintiff) paid KRW 149,345,640 to the Plaintiff (Counterclaim Defendant) and its related amount from March 19, 2015 to April 3, 2019.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 2, 4, Eul evidence 3, the purport of all pleadings);
A. On June 19, 2014, the Plaintiff entered into a contract with the Defendant for construction of accommodation facilities of three stories above ground (hereinafter “instant building”) on the land in the Dae-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) with the Plaintiff, setting the construction period from June 19, 2014 to October 30, 2014, the construction cost of which is KRW 867,000,000 per day (excluding value-added tax), and the liquidated damages rate of 0.01% per day (hereinafter “instant contract”). The special agreement at the end of the instant contract is written as follows:
B. On October 2014, the Plaintiff extended the period of construction with the Defendant by November 30, 2014, and entered “0.03%” in the column of the compensation rate for delay in the original contract as “0.01%” in the column of the compensation rate for delay, and entered the same in that part as “0.03%” with the Plaintiff’s seal affixed thereon. However, the Plaintiff’s seal was again written as “3% (total construction cost comparison).”
C. Around March 18, 2015, the Plaintiff completed the instant building and delivered it to the Defendant. From June 2014 to July 2015, the Plaintiff received KRW 630,000,000 in total from the Defendant as construction price.
2. Summary of the parties’ assertion
A. The plaintiff's assertion is made in sequence below "(1), (2), and (3)."
(1) The construction cost of the instant contract is calculated as KRW 3,60,000 for the total floor area of the new building at 241 square meters (797.33 square meters) and is calculated as KRW 3,60,00 for the usual construction cost. Since the construction cost of the instant contract was changed to the total floor area of the new building at 302 square meters (30,000 square meters) after concluding a contract of KRW 867,60,000 x 3.6 million for the said construction cost, the construction cost was increased to KRW 1,087,200 x 3.6 million for the said construction cost.
In this context, additional construction costs of KRW 162,440,00, and the cost of removing and restoring fences shall be KRW 9,190,000, following the interior change.