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1. The Plaintiff (Counterclaim Defendant) is the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff)’s KRW 8,153,743, and the Defendant-Counterclaim Plaintiff’s KRW 4,892,245.
Reasons
1. Facts of recognition;
A. On May 7, 2015, the Plaintiff and the Defendants entered into a contract for construction work (hereinafter referred to as “instant contract”) that the Defendants concluded to the Plaintiff on May 7, 2015, setting the contract amount of KRW 568 million from May 7, 2015 to October 7, 2015 (i.e., commencement of construction: May 7, 2015; completion: October 7, 2015); (ii) the period of warranty; and (iii) the period of compensation for delay at the rate of KRW 0.1% from the date of the instant contract to the Plaintiff; and (iii) the Plaintiff commenced construction work in the instant case on May 7, 2015, according to the instant contract.
B. The Defendants paid the Plaintiff KRW 579,400,000 in total as construction cost for the instant construction work.
C. On December 8, 2015, the Defendants filed an application for approval of the use of the instant building with the mayor of Sungsung on December 16, 2015, and obtained approval for use on December 16, 2015. On March 3, 2016, the Defendants completed registration of the preservation of ownership (Defendant D2/10 shares, Defendant B5/10 shares, and Defendant C3/10 shares) in the name of the Defendants on the instant building.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff completed the instant construction, and three times, totaling KRW 56,003,729 [total construction cost of KRW 50,912,481 (= KRW 24,912,481), KRW 200,000, KRW 24,000, KRW 24,000, KRW 24,000, KRW 3 additional construction cost of KRW 24,91,248)]. In addition, the Plaintiff paid KRW 8,09,09,090 in total, including industrial accident insurance premium to be borne by the Defendants for approval for use, etc. of the instant building (=industrial premium of KRW 2,89, KRW 1,154,220, KRW 2,318, KRW 18,80, KRW 188, KRW 1808, KRW 458,580, KRW 580).
Therefore, the Defendants paid the Plaintiff the total construction cost of KRW 44,603,729 [the total construction cost of KRW 624,03,729 [the additional construction cost of KRW 56,03,729] - the construction cost of KRW 579,40,000 paid to the Plaintiff [the construction cost of KRW 568,00,000] and the paid construction cost of KRW 579,40,000].