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1. The Defendant (Counterclaim Plaintiff) paid KRW 51,051,744 to the Plaintiff (Counterclaim Defendant) and its amount from July 8, 2016 to September 15, 2017.
Reasons
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On August 31, 2015, the Plaintiff and the Defendant’s construction contract 1) concluded that the Defendant and the Defendant’s 1/360,000 of the construction cost of the 2-built factory of the Defendant’s 1,360,000,000 (excluding value added tax) and the scheduled date of completion on January 31, 2016 were set and supplied as the construction cost of the 1,403,00,000 (excluding value added tax) and the construction cost of the 1,403,00,000 (excluding value added tax) were changed as of January 23, 2015, while the Plaintiff continued construction as described in paragraph 1 (2) and the Defendant’s 1/30,000 of the construction cost of the 200,000,000 (excluding value added tax) and the scheduled date of completion on January 31, 2016).
4) On February 4, 2016, the Plaintiff agreed on the construction cost of the extension works requested by the Defendant at KRW 38,000,000 (value-added tax separate) (hereinafter referred to as “instant construction works”). (b) The completion of the instant construction works and the payment of the construction cost by the Defendant was approved on March 25, 2016 for the Defendant’s three factories that the Plaintiff newly built by the instant construction works, and the registration of preservation of ownership was completed on April 18, 2016.
2) The Defendant did not pay to the Plaintiff KRW 98,914,876 (including value-added tax) out of the construction price of the instant case. [Grounds for recognition] The Defendant did not dispute with the Plaintiff, the evidence Nos. 3 through 9, 23, 24, and Eul evidence No. 3 (including each number, and the purport of the entire pleadings)
2. The parties' assertion
A. The Plaintiff asserts that the Defendant is obligated to pay the Plaintiff the instant payment amounting to KRW 98,914,876.
B. As to this, the Defendant delayed the completion of the instant construction for 53 days, the Defendant shall pay 84,959,000 won for delay to the Defendant.