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1. Of the judgment of the court of first instance, including the Plaintiff-Counterclaim Defendant’s claim on the principal lawsuit expanded by this court.
Reasons
1. In the first instance court’s trial scope, the Plaintiff filed a suit seeking payment of KRW 57,516,00 in total with the payment of excessive construction cost and damages in lieu of repair of defective defects, and the Defendant filed a counterclaim, such as the statement in the column for claiming a counterclaim, during the course of the said lawsuit.
The first instance court accepted all of the plaintiff's principal lawsuit and dismissed the defendant's counterclaim.
Therefore, since only the defendant appealed on the part of the main claim, the scope of the judgment of this court is limited to the main claim.
2. Basic facts
A. On January 5, 2016, the Plaintiff concluded a scheduled completion plan with the Defendant for the construction of 550,00,000 construction cost (excluding value-added tax, 55,000,000 down payment on January 5, 2016; 110,000,000,000 won for intermediate payment on April 1, 2016; 110,00,00,000,000 won for intermediate payment on April 1, 2016; 16,00,00,00,000 won for intermediate payment, and 165,00,00,000,000 won for intermediate payment on May 3, 2016; 10,000,000 won for intermediate payment, and 16,000,0000,000,0000 won for construction work, 10,016,06.
B. Pursuant to the instant construction contract, the Plaintiff paid each of the Defendant KRW 55,000,000,000 for the down payment on January 7, 2016, and KRW 110,000 for the intermediate payment on March 7, 2016.
C. On April 11, 2016, the Plaintiff revised the instant construction contract with the Defendant with the content that “The date of completion under the instant construction contract is earlier than July 1, 2016 from June 1, 2016, and the date of the second intermediate payment payment from April 1, 2016 to April 11, 2016, and the date of the third intermediate payment payment from May 1, 2016 to May 11, 2016,” and that “the payment of KRW 165,00,000 according to the fairness rate”.
The Plaintiff, pursuant to the instant construction contract amended as above, KRW 10,00,000 for the Defendant’s intermediate payment of KRW 110,000 on April 12, 2016, and May 17, 2016.