공사대금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
In light of the above legal principles, the Defendant paid 8,981,000 won (including value-added tax, 9,879,100 won) to the Non-Party Company on April 15, 2017, as well as for the installation and disassembly of the instant temporary materials, on the basis of the Plaintiff’s statement of claims, the labor cost for the “direct pumps” (200,000 won) stated in the Plaintiff’s statement of claims. The Defendant paid 8,981,000 won (including value-added tax, 9,879,100 won) to the Non-Party Company on May 15, 2017.
G. On May 2, 2017, the Plaintiff and the Defendant promised to pay the unpaid 5,389,800 won for February 3, 2017 until May 22, 2017, and to pay the 30th day of each month the claim for the additional rents arising from May 22, 2017. When the said promise is not implemented, the original office C Co., Ltd. shall deduct the said amount from the Defendant’s payment at the Defendant’s maturity and agree to the direct payment disposition by C after deducting the said amount from the Defendant.
The Defendant paid KRW 5,928,780 to the Plaintiff on May 22, 2017 in accordance with the above commitment.
H. The Defendant paid the Plaintiff KRW 13,890,80,00 as material cost indicated in the statement of claim filed by May 2017, to the non-party company, and paid KRW 9,96,00 as labor cost to the non-party company. The Plaintiff claimed KRW 6,715,80, and labor cost of KRW 1,624,00 for June 2017. However, the Defendant withheld the full payment of the material cost on the ground of excessive calculation, and paid only the above labor cost to the non-party company on July 17, 2017.
With respect to material costs and labor costs for July 2017, the Plaintiff calculated by multiplying the Defendant by the amount of KRW 5,212,200, and KRW 441,000,000, the amount of KRW 5,212,200, and KRW 441,00,000, the amount of KRW 1,241, and the amount of KRW 105,00,00.