Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 13,069,234 to the Plaintiff (Counterclaim Defendant) and its related amount from May 3, 2017 to November 15, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 3, 2016, the Plaintiff entered into a construction contract with the Defendant and Pyeongtaek-si C on September 5, 2016 with respect to construction works that newly build a building of four stories (1,852 square meters) on the land of Pyeongtaek-si and concluded a contract for construction works, the contract amount of which is KRW 1285 million (excluding value-added tax) on September 5, 2016, and the completion date of the completion of the construction works.
(hereinafter “instant construction contract”). B.
The Plaintiff received 500 million won in total, as stated in the attached Form “The details of payment of construction costs” from the Defendant for the instant construction cost.
C. On March 2017, the Plaintiff discontinued the instant construction work, and the Plaintiff and the Defendant caused conflicts with respect to the instant construction work, and the following contents were proven.
After that, the Defendant completed the instant construction work.
On March 27, 2017, the summary of the sender's sending date - (20 million won) - The amount of actual construction cost is about 50% compared to the total contract amount 6.5 billion won - The construction work is delayed due to the lack of contract construction cost - Nevertheless, the defendant's demand for the discontinuance of the construction work and the plaintiff's request for some cooperation to facilitate the progress of the construction work - If the construction work is duly demanded, there are a majority of the due process and compensation for damages - the number of the days of defective construction and the suspension of the construction work - the plaintiff's embezzlement is made by using the construction cost for intentional delay, other construction site, and the construction cost is 50 million won - the construction cost is 40 million won calculated and required to suspend the construction work on March 29, 2017.
On April 4, 2017, the Defendant paid the construction cost in a timely manner pursuant to the instant construction contract, but the Plaintiff refused the performance of the contract by suspending the construction work without completing the completion date of the completion plan. As soon as possible, the Plaintiff failed to implement the construction as soon as possible.