공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 23,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from August 14, 2019 to May 13, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 4, 6, and 10 and 11, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:
On October 4, 2016, the Plaintiff entered into a contract with F Co., Ltd. (hereinafter “F”) under which F entered into an agreement with the Defendant to execute the instant construction work (hereinafter “instant construction contract”) by setting the contract amount of KRW 120,000,00 and the construction period from October 4, 2016 to March 31, 2017 (hereinafter “instant construction contract”).
B. The Plaintiff was engaged in the instant facility project, and received KRW 62,00,000,000 as the construction cost, from F, for which the sum of KRW 62,00,000,000, which is the sum of KRW 15,000 on November 23, 2016, and KRW 15,00,000 on January 20, 2017, and KRW 19,40 on April 19, 2017, and KRW 20,000 on July 5, 2017.
C. However, as F ceased construction, the Defendant paid to F the Plaintiff the price under the instant construction contract, and the Defendant paid the Plaintiff KRW 35,000,000,000 on September 26, 2017, and KRW 5,000,000 on May 14, 2018, and KRW 10,000,000 on June 22, 2018.
The Plaintiff completed the instant facility project, and the Defendant completed the registration of initial ownership of the building newly constructed by G Corporation on January 31, 2019.
E. Meanwhile, with respect to the instant construction contract, the Defendant: (a) prepared a written confirmation stating that “the contract amount of KRW 97,000,000 out of KRW 120,000,000 was paid; (b) the remainder remains in KRW 23,00,000; and (c) would repay the remainder to a loan with a financial right within one month; and (d) issued it to
(hereinafter “instant agreement”). 2. Determination on the principal claim
A. According to the above facts, barring any special circumstance, the Defendant shall pay 23,000,000 won (=120,000,000 won - 97,000,000 won - KRW 62,00,000,000) unpaid pursuant to the instant agreement to the Plaintiff, barring any special circumstance.