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1. The Plaintiff (Counterclaim Defendant), the Defendant Company B, the 25,32,254 won, and the Defendant Company C, the 37,175,935 won and each of them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff: (a) decided to newly construct F (hereinafter “the instant loan”) on the land outside of Busan Seo-gu and two parcels; (b) concluded a contract for construction works with Defendant B (hereinafter “B”) on June 30, 2014 by setting the contract amount of KRW 2.29 billion (including value-added tax; hereinafter the same shall apply); (c) on July 29, 2015, the Plaintiff concluded a contract for construction works with respect to civil and reinforced concrete construction (hereinafter “alley construction”) as KRW 1,100,671,038.
B. On August 11, 2015, the Plaintiff entered into a contract with Defendant C Co., Ltd. (hereinafter referred to as “C”) for landscaping, aesthetic view, waterproofing, and painting construction (hereinafter referred to as “water control construction, etc.”) with respect to the period of construction of loan construction as KRW 15,646,49, and each contract for construction shall be paid in cash within ten days from August 11, 2015 to November 30, 2015, respectively. On November 4, 2015, the contract amount with Defendant D and D D for painting construction (hereinafter referred to as “D”) shall be KRW 80,512,500, and the period of construction shall be from November 4, 2015 to January 10, 2016; and the contract amount for each construction project shall be paid within ten days from the delivery date of an object.
C. The Plaintiff obtained approval for the use of the loan on January 25, 2016. Defendant D did not pay the total of KRW 24,512,500 out of the construction cost, even though it completed the work within the construction period and delivered an object.
On the other hand, since the approval for use, water leakages occurred in the vicinity and in the ceiling of a certain lake, and the cause of the water leakages in the vicinity of the lake was caused by the poor waterproof and the damage of the waterproof layer.
As of September 13, 2016, the defect repair cost of the water leakage as of September 13, 2016 requires a total of 98,822,475 won. Among them, the defect repair cost of the common areas such as the first floor E/V PIT walls and the parking lot tent is the total of 11,843,681 won, and part of the dwelling room and the inside room are installed.