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1. The Defendant (Counterclaim Plaintiff) paid KRW 17,696,00 to the Plaintiff (Counterclaim Defendant) for KRW 17,69,00 and for this, from November 7, 2015 to July 7, 2017.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur with the trade name of “B”, who runs the business of plastic manufacturing, etc., and the Defendant is a company established for the purpose of the business of manufacturing sti pumps, etc.
B. On April 28, 2015, the Plaintiff: (a) determined the construction period for the repair and installation of machinery and equipment installed in the Defendant’s factory located in the Namnam-gun C (hereinafter “instant factory”) (hereinafter “instant construction”) between April 28, 2015 and July 30, 2015; (b) KRW 258,500,000 (including value-added tax, 250,000) as the contract date; (c) KRW 80,000,000 as the first intermediate payment; and (d) the remainder payment of KRW 60,000,000 as the date of the construction of the instant factory; and (e) the remainder payment of KRW 72,00,000 as the date of the construction of the instant construction project; and (e) the remainder payment of KRW 72,00,000 as the date of the completion of the construction of the instant construction project cannot be deemed as the date of completion of the remainder payment of the instant construction project.
A contract for construction works (hereinafter referred to as “instant contract”) was concluded and the construction work commenced around that time and completed around August 30, 2015.
C. The construction contract (Evidence A2) prepared at the time of the instant contract, which explicitly consists of the items of the instant construction, states that all of the machinery repair works under Paragraph (1) shall be determined by the said amount as to the machinery under Paragraph (A). Accordingly, the written estimate submitted by the Plaintiff (Evidence A2 No. 1) is written as above.
The parties did not specify the construction amount by each construction item.
D. :
The defendant shall pay 103,00,000 won out of the above construction cost to the plaintiff.