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1. The Defendant’s KRW 112,882,460 for the Plaintiff and 5% per annum from August 10, 2016 to November 1, 2018.
Reasons
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (hereinafter “A”)
(2) On November 7, 2012, the Plaintiff entered into a contract with the Defendant for construction of a new plant located in Gyeong-gun, Chungcheongnam-gun with respect to the construction and installation of steel frame (hereinafter “instant construction”) from November 12, 2012 to March 30, 2013, the contract amount of KRW 1,13,000,000 (including value-added tax).
(hereinafter “instant contract”). (b)
1) A’s discontinuance of construction work was intended to carry out construction work with a financial institution’s loan, but the loan was refused due to provisional seizure of land for factory, etc., and thus the construction work could not be carried out. 2) The Plaintiff notified A of discontinuance of construction, and notified the Defendant of the termination of the instant contract on January 30, 2013.
C. Around November 30, 2012, the Plaintiff paid an advance payment of KRW 200 million to the Defendant, and paid KRW 30 million to the Defendant on or around February 7, 2013 at the Defendant’s request after the discontinuance of construction.
around November 19, 2013, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 26,294,058 for the unpaid construction cost on the Dong Branch of Busan District Court (2013Dada23121), but was rendered a judgment against the Plaintiff on September 3, 2014 on the ground that there is no evidence to acknowledge the completed construction cost. (2) The Defendant appealed to Busan District Court 2014Na15436 case, and the Plaintiff filed a counterclaim (2015Na3348) seeking return of advance payment KRW 200 million at the above appellate court.
On July 4, 2016, the defendant submitted a written withdrawal of appeal, and the main lawsuit and counterclaim were all concluded as the withdrawal of appeal.
[Ground of recognition] Facts without dispute, Gap evidence 12, 4, 5 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff paid KRW 230 million to the Defendant with the advance payment of the Plaintiff, etc.