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1. Of the part against the principal lawsuit in the judgment of the first instance, the part against the Defendant (Counterclaim Defendant) is KRW 91,68,854.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a person who runs the construction and repair business with the trade name “E” in Ulsan-gu, Ulsan-gu, and the Defendant and his spouse are the co-ownership owners of 1/2 co-ownership of each of the 1/2 co-ownership of the underground floors, the second floor, the neighborhood living facilities and the detached houses (hereinafter “instant building”) located on the F-53 square meters and its ground in Yangsan-si, Yangsan-si, and the Plaintiff contracted the remodeling construction of the instant building as follows.
B. Nonparty G had operated a bath in the name of “H” in the instant building before the Defendant purchased the instant building. The Defendant purchased the instant building and its site from G on November 13, 2014, and continued to operate a bath at the same time.
C. On June 26, 2015, the Defendant concluded a contract with the Plaintiff for remodeling construction works on the first and second floors of the instant building (hereinafter “instant construction works”) at KRW 300 million (excluding value-added tax) and the construction period from July 1, 2015 to September 2015.
(hereinafter “instant construction contract”). D.
After the completion of the Plaintiff’s construction, etc., the Defendant operates the bath (hereinafter “instant bath”) with the trade name “I” in the instant building.
E. On June 29, 2015, the Defendant paid the Plaintiff KRW 356,00,000 in total as the instant construction cost and the additional construction cost from that time to September 26, 2015, including the payment of KRW 50,000 as the down payment for the instant construction contract.
F. With respect to the instant building, there are defects as indicated in the table “Items” as indicated below in relation to the instant construction project, and the defect repair cost is calculated as KRW 26,642,225 (including value-added tax) as indicated in the “total amount of construction cost” column.
In the case of the 11st floor studs constructed by 553,203,203, the interior studs of electric wires within the 1st place of construction without the construction cost, and the 5,877,950, the 11st floor studs of construction.