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1. The Plaintiff (Counterclaim Defendant) paid KRW 28,925,060 to the Defendant (Counterclaim Plaintiff) and its related amount from June 20, 2016 to January 19, 2018.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On November 15, 2015, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant under a contract for the construction of a new apartment house C (hereinafter “instant building”) in the Gunpo-si, Gyeonggi-do (hereinafter “instant construction”).
3. Date of commencement: The amount of contract on March 21, 2016: 642,400,000 won (including value-added tax) on March 21, 2016: Guarantee: 3% of the amount of warranty bond: 11% of the remaining amount: 1/1,000 [General Conditions of Standard Contract for Private Construction Works] Article 19 (1) (1) shall, when the construction is not completed within the deadline for completion, pay to Gap (Plaintiff) the amount calculated by multiplying the contract amount for liquidated damages on the contract by the rate of the amount of liquidated damages on the contract for each number of days.
Article 20 (Guarantee of Defects) (1) In order to guarantee the repair of defects of construction works, Eul shall pay to Gap the amount calculated by multiplying the contract price by the rate of the warranty bond determined in the contract by the contract amount, and until the payment of the price for the construction works is made after the completion inspection by the guarantee agency referred to in the subparagraphs of Article 4
(3) Where Eul receives a request for repair of defects from Gap under paragraph (2), and fails to comply therewith, the security deposit for repairing defects under paragraph (1) shall revert to Gap.
(4) When the defect warranty liability period expires, A shall return the defect warranty bond under paragraph (1) at the request of B.
[Matters of Special Agreement]
6. The elevator shall be determined by a D elevator (E company), and the additional amount other than the estimated amount, shall be borne by the owner, and the owner shall also bear the expenses for the management and checkup of the elevator;
B. On July 12, 2016, the Defendant obtained approval for the use of the instant building, and the next day the registration of ownership preservation was completed in the name of the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, and objection.