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1. The Plaintiff (Counterclaim Defendant) pays KRW 3,200,000 to the Defendant (Counterclaim Plaintiff).
2. Plaintiff (Counterclaim Defendant)’s principal claim.
Reasons
1. Facts of recognition;
A. On March 28, 2017, the Defendant concluded a construction contract with the Plaintiff, setting the construction period, between March 28, 2017 and June 30, 2017, on which the Plaintiff and the Plaintiff agreed to newly build neighborhood living facilities on the instant land as the owner of B paddy-gun, Incheon, Incheon, as the construction period, between March 28, 2017 and June 30, 2017; and the contract amount of KRW 275,000,000 (including value-added tax) to be entrusted to the Plaintiff.
B. The Plaintiff, while continuing the construction, completed the general steel structure and the other two-story roof detached building (hereinafter “instant building”) on the ground of the instant land, and the Defendant obtained approval for the use of the instant building on August 21, 2017 and completed registration for the preservation of ownership in the name of the Defendant on September 4, 2017.
C. From March 27, 2017 to July 10, 2017, the Defendant paid a total of KRW 212,00,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4 through 7, 16, and 17, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Around May 2017, at the Defendant’s request, entered into an additional construction agreement with the Defendant to implement and settle the price after making an oral construction work. Accordingly, the Plaintiff entered into an additional construction project equivalent to KRW 112,060,40 as indicated below. Nevertheless, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 112,00,000 (= KRW 275,000,000 - KRW 212,000,000 received - KRW 2160,000,000, KRW 175,060,000, and delay damages therefrom. The Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 100,386,000 and KRW 160,60,000, KRW 360,000, KRW 360,000, KRW 360,000, KRW 6360,50,364,00.