건축자재대금
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 57,032,326 and the amount of such KRW 57,032,326 from August 1, 2017.
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Facts of recognition;
A. On September 14, 2015, the Defendant: (a) received a subcontract for the construction of a religious facility (an intersection 936.74m2, 928m2, 794m2 per law) from the non-party C Co., Ltd. for the construction of the religious facility (an intersection 936.74m2, 928m2, 794m2, which was ordered by the Republic of Korea from the non-party C Co., Ltd.; and (b) concluded a temporary lease agreement with the Plaintiff (hereinafter “instant lease agreement”).
1. Details of leased property: Lease of temporary property and all of the miscellaneous things;
2. Term of lease: August 1, 2015 to December 15, 2015.
3. Contract amount: 140,000 won per square (total rent: 112,840,000 won (per 126,560,000 won per contract) (per 112,840,000 won: Additional taxes);
4. Delivery place: Gyeonggi-do E (State).
5. Method of payment of the price: One time a month ( August, September, October, October), and ten million won a day after the completion of construction works other than the lease period, shall be reserved; and
B. Article 7 of the above lease agreement states that "the calculation of user fee shall be (basic fee x daily unit price x quantity x the number of days of use x the number of days of delivery)" with regard to the calculation of user fee.
C. According to the instant lease agreement, C stock company directly paid the Plaintiff KRW 51,00,000 on February 5, 2016 as advance payment, and the Defendant paid KRW 50,000,000 in total, including KRW 30,000,000 on September 10, 2015, and KRW 20,000 on October 28, 2015.
The instant corporation was suspended on December 31, 2015, and C Co., Ltd. notified the Defendant of the termination of the construction contract on January 13, 2016.
E. As of December 31, 2015, the construction of the instant case, as of December 31, 2015, concluded that the aggregate of 1865.48 square meters (565.3 square meters) of the church and the sex of the instant church was completed, and that “The extension due to the failure to start the construction of the law shall be borne by Party A” as a special agreement.
F. C Co., Ltd. leased part of the temporary materials from November 5, 2015 to December 22 of the same year to F Co., Ltd., when the temporary materials were insufficient during the instant construction process.