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1. The Defendant (Counterclaim Plaintiff) paid KRW 16,914,00 to the Plaintiff (Counterclaim Defendant) for KRW 16,914,00 and for this, from June 3, 2015 to April 19, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 23, 2014, the Plaintiff concluded a construction contract with the Defendant to subcontract the Defendant “Seoul Gangnam-gu Seoul Gangnam-gu Seoul Library 201 Domestic Site Construction Project (hereinafter “the instant loan”) at a level of 70 square meters to the Defendant.”
(hereinafter “instant contract”). (b)
After the conclusion of the instant contract, the Plaintiff and the Defendant added the following: (a) the contract amount of KRW 150 million; (b) the period from September 25, 2014 to December 8, 2014 (hereinafter “instant contract”); (c) the production and installation of households (17,270,000); (d) the purchase of the substitute floor of a living room (6,680,000 won); (e) the replacement of windows (17,270,000 won); and (e) the replacement of boiler (6,30,000 won) the additional contract amount of KRW 49,80,000 for the additional construction.
(hereinafter referred to as “additional Contract”). (c)
The Plaintiff paid KRW 221,950,000 to the Defendant from October 2, 2014 to November 28, 2014.
The Plaintiff completed the registration of ownership transfer on September 23, 2014.
The Defendant started to remove from around September 25, 2014, and completed the instant construction from November 16, 2014, and the Plaintiff occupied the instant construction on or around December 9, 2014.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), part of Eul evidence No. 3, the purport of the whole pleadings
2. The parties' assertion
A. Return of Unjust Enrichment 1) Return of unjust enrichment: 3,6250,000 won (1) the remainder 2,2150,000 won after deducting the construction cost under the instant contract and the additional contract from the amount paid by the Plaintiff; 2) the amount exceeding the reasonable construction cost out of the contract and the additional contract; 3,625,000 won in lieu of the defect repair: 14,654,50 won in lieu of the defect repair:
B. Counterclaim Defendant decided to settle the construction cost on the basis of the actual expenses paid irrespective of the amount under the instant contract and the instant additional contract.
From 274,943,470 to be paid by the Defendant, the Plaintiff.