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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following amount ordered to pay.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 25, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant under which the construction cost is KRW 76,249,200 (including value-added tax; hereinafter the same shall apply) for the construction work for the renovation and repair work (hereinafter “instant construction work”).
B. The Plaintiff and the Defendant agreed to pay KRW 69,895,100 among the construction cost of this case as the price for plastic replacement works, dials installation works, nives repair works, and automated installation works as stipulated in the construction specifications attached to the instant construction contract. The remaining KRW 6,354,100 was refunded value-added tax on KRW 69,895,100 and to pay it as the price for hybrid even if they were to be paid.
C. Around December 26, 2014, the Defendant completed the instant construction work, and received KRW 69,895,100 from the Plaintiff.
Around the completion of the instant construction work, the Plaintiff and the Defendant inspected the construction conditions of the instant facilities, and the Defendant signed the following specifications (hereinafter referred to as “each of the instant documents”) by promising the Plaintiff to implement repair works for the following matters:
(1) Part of the construction work of a business division in 2014 (1) (1) the part in which vinyl is laid down in ① the part in which vinyl is laid down in 1,