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1. The Defendant (Counterclaim Plaintiff) paid KRW 7,546,500 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 2018 to February 14, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 2, 2015, the Plaintiff and the Defendant concluded each of the subcontract agreements (hereinafter “each of the instant subcontract agreements”) regarding D New Construction Works (hereinafter “instant Construction Works”) with the construction cost of KRW 305,000,000 (including value-added tax) and the construction cost of KRW 100,000,000 (including value-added tax) regarding fire-fighting construction works.
The main contents of the contract related to the instant case among the instant subcontracts are as follows.
o Construction period: The rate of interest on the warranty bond for the 3% o on October 31, 2016, as of October 6, 2015, for the completion of construction works on October 6, 2015: The 0.1% parties shall conclude a subcontract agreement for construction works according to the above contents, the design drawing (1), and specifications, and prepare two copies of the contract, respectively.
Matters of special agreement
2. A subcontractor shall deposit a security deposit (3%) for construction after the completion of construction works, or submit a defect security insurance policy to a principal contractor;
(b)
6. If there is an increase or decrease in the contract amount, the material purchase tax shall apply the same as the existing contract before it is increased or decreased;
B. On April 28, 2016, the Plaintiff and the Defendant concluded a contract to modify the contents of each of the instant subcontract (hereinafter “each of the instant modified contracts”), and the major modifications related to the instant case extend the respective construction period from April 28, 2016 to February 28, 2017, respectively, to “from February 28, 2016 to “from February 2017,” and “paragraph 6 of each special agreement” to the subcontractor shall execute construction in accordance with the drawing, and shall complete all of the construction works, such as apartment and guard room construction, without any additional construction cost.
It is changed to ‘each'.
C. In accordance with each of the instant subcontract and modified contracts, the Defendant completed each of the instant construction works on March 31, 2017, and completed each of the said construction works, and the Plaintiff paid all the remainder of the construction cost excluding 8.55 billion won in the name of the warranty bond to the Defendant.
The defendant.