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1. The Plaintiff (Counterclaim Defendant) paid KRW 58,154,579 to the Defendant (Counterclaim Plaintiff) and its related amount from August 22, 2018 to April 24, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 28, 2015, the Plaintiff received a contract for construction work for the construction work of the D convalescent Hospital (including value-added tax) of the 7th floor of the building C from the Defendant for the period from the end of May 1, 2015 to the end of August 2015, with the construction work price of KRW 1.32 billion (including value-added tax) and the construction period of the 1.32 billion
(hereinafter “instant seventh floor construction contract.” According to the instant seventh floor construction contract, KRW 100 million of the construction price, excluding value-added tax, shall be paid within one day after the contract was concluded, and KRW 300 million of the first and the second progress payment shall be KRW 400 million on May 15, 2015, and KRW 350 million of the third progress payment on June 15, 2015, KRW 50 million shall be paid on July 15, 2015, and KRW 50 million of the remainder shall be paid on July 15, 2015 (the end of December 2015).
B. Around December 2015, the Plaintiff was awarded a contract by the Defendant for construction work to expand the hospital of the eighth floor of the building C as the construction cost of KRW 561 million (including value-added tax).
(1) According to the instant 8th floor construction contract, KRW 100,000,000,000 shall be paid for each of the following months after completion of the contract, and KRW 100,000,000,000,000 from January 15, 2016, and KRW 80,000,000,000,000,000,000 for the construction cost, excluding value-added tax, pursuant to the instant 8th floor construction contract.
In addition, the construction contract of the 8th floor of this case includes the following contents.
Article 3 (Presumed Construction Manual and Detailed Statement of Construction Price)
A. The Plaintiff shall submit to the Defendant a work schedule and a work price statement prepared based on the design documents (such as drawings, specifications, construction specifications, explanatory note, etc.) after concluding the contract.
Article 19 (Matters of Special Agreement)
B.The details of this project shall be as follows:
1) Corridors space-schophing terminal 2) rehabilitation treatment rooms and resting room - floor finish 3) creation of smoking rooms on the first floor of this building, and all floors other than corridor space and rehabilitation treatment rooms and resting room 5) with the exception of resting room on the 8th floor wind voting).