Text
1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall exceed the amount ordered to be paid:
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendants concluded a construction contract with the Plaintiff under which the construction work of the F apartment will be contracted (hereinafter “instant contract”) as follows.
On May 7, 2013, May 2013, 2013, Defendant BF apartment G new construction works (each construction contract is written on November 31, 2013, but it appears to be a clerical error) 197,40,000 won, Defendant CF apartment H-dong construction works on July 3, 2013, when the contract date (the commencement date) is completed.
After the Plaintiff completed construction and additional construction stipulated in each of the instant contracts, the Defendants received completion inspection on September 25, 2014, and completed the registration of ownership transfer on December 16, 2014.
C. Defendant B paid the Plaintiff the construction cost of KRW 171,097,80 to the Plaintiff; Defendant C paid KRW 212,446,600 to the Plaintiff; and Defendant D paid KRW 214,606,80 to the Plaintiff.
[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 4; Eul evidence Nos. 23 and 39; Eul evidence Nos. 23 and 39; Eul's appraisal result at the court of first instance (hereinafter referred to as " appraiser"); the inquiry result at the court of first instance (hereinafter referred to as "the result of the appraisal of this case"); the purport of the whole pleadings
2. Determination on the main claim
A. The reasons why the court should explain this part of the judgment of the court of first instance are as stated in the corresponding part of the judgment of the court of first instance, except where the plaintiff added or emphasized the judgment as to the assertion by adding or emphasizing this part to this court. Thus, this part of the judgment is cited by the main sentence of Article 420 of
B. The Defendants asserted 1 Plaintiff’s assertion as to the assertion of the costs of the ancillary civil works, through K, ordered additional contracts for the remainder of the ancillary civil works not included in the scope of the general civil works to be completed by K, and the cost of the construction work was settled and paid after completion.
Therefore, the defendants performed by the plaintiff.