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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 35,295,251 as well as the full payment from November 30, 2018.
Reasons
1. Name of basic fact construction work: The construction work site of Pyeongtaek-gun, Gangwon-do: The expected completion of May 2014: 90,000,000 won (including value-added tax): 40,000,000 won;
A. On March 2014, the Plaintiff concluded a construction contract with the Defendant for the following terms (hereinafter “instant construction contract”). The Defendant agreed to perform the instant construction work and pay the construction cost, upon entering into the instant construction contract with the Defendant (hereinafter “instant construction contract”).
B. On behalf of the Plaintiff, the Defendant submitted on March 19, 2014 a construction report on the instant construction project to the head of Pyeongtaek-gu Gun on behalf of the Plaintiff, and submitted on April 28, 2014 an application for commencement of construction to the effect that the construction will be commenced on April 30, 2014. The Defendant commenced the instant construction project around that time.
C. A significant portion of the instant construction works were carried out, but the construction was suspended in some unconstruction state.
[Reasons for Recognition] Evidence No. 1, Evidence No. 1, 2-1, and 6, the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. The Plaintiff’s assertion 1) Among the instant construction works executed by the Defendant at the Plaintiff’s principal lawsuit, there is a defect in the part of the instant construction works, and there is a need for KRW 71,961,00 to construct and repair them. At the time of the instant construction contract, the construction agreement was concluded to add the total floor area after the construction contract, and there was no agreement to add the construction cost and increase the construction cost. However, the construction cost is to be deducted from KRW 6,46,90. Therefore, the Defendant is obliged to pay the Plaintiff the remainder of KRW 65,494,00,00, which remains after deducting additional construction cost 6,46,900 from the cost of construction and repair of defects. 2) Although the Defendant concluded a contract with KRW 90,00 for construction cost, the construction cost was added to KRW 42,00 due to an increase in total floor area after the construction contract.