기타(금전)
1. The Defendant (Counterclaim Plaintiff) paid KRW 37,504,687 to the Plaintiff (Counterclaim Defendant) and its related amount from April 29, 2015 to November 26, 2015.
The principal lawsuit and counterclaim of this case shall be deemed to be filed together.
1. Facts of recognition;
A. On July 26, 2012, the Plaintiff is a company engaged in steel and steel-frame manufacturing business, construction business, and entered into a contract for construction works with the Defendant, setting the construction period from August 16, 2012 (Commencement) to October 31, 2012 (construction completion) with respect to the construction work for which a DNA establishment is newly constructed on the ground C (hereinafter “instant construction work”).
B. On January 22, 2013, after the completion of the instant construction project, the Defendant obtained approval for the use from the chemical market as to the D workplace.
C. On February 8, 2013, the Plaintiff lent KRW 9,000,00 to the Defendant, and performed office interior works at the Defendant’s request, and the construction cost is KRW 10,000,000.
[Ground of recognition] Facts without dispute, Gap evidence 2, 5, Eul evidence 2, the purport of the whole pleadings
2. Determination on the main claim
A. The summary of the Plaintiff’s assertion: (a) the Plaintiff received the instant construction cost of KRW 312,425,00 from the Defendant and re-leased KRW 10,50,000 out of the construction cost paid by the Defendant to the Defendant under the remaining KRW 18,504,687; (b) the Plaintiff agreed with the Defendant to be paid KRW 28,504,687, including the aforementioned loans from the Defendant for the remainder of construction cost; and (c) the Plaintiff lent KRW 9,00,000 to the Defendant on February 8, 2013; and (c) the Plaintiff performed the Defendant’s office interior construction work by setting the construction cost of KRW 10,00,000.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 47,504,687 (=28,504,687 won) and damages for delay (10,000,000 won).
B. First of all, the determination of the claim for the remainder of construction works is based on the facts that the construction cost under the instant construction contract was 330,929,687, as seen earlier, and according to the statement in subparagraph 5-2 through 7, and subparagraph 9, the Defendant from July 26, 2012 to February 3, 2014.