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1. The Defendant (Counterclaim Plaintiff) paid KRW 41,023,431 to the Plaintiff (Counterclaim Defendant) and its related amount from January 1, 2012 to January 22, 2015.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On May 10, 2010, the Plaintiff was awarded a contract with the Defendant for a retaining wall construction cost of KRW 140,000,000 from Kimpo-si, Kimpo-si, and D ground retaining wall construction cost. The main content of the construction contract (Evidence A 1-1) written at that time is as follows:
(hereinafter referred to as “the instant retaining wall construction”. The location of real estate: Kimpo-si, Kimpo-si, Da (525 square meters) [Road A (Defendant) 431 square meters, B 94 square meters] Details of access road construction: Construction cost of a retaining wall construction: 700 square meters (high 5 meters): A40 million square meters (excluding additional tax and banking construction cost): the following conditions are attached to determine the above matters:
2. The construction cost for access roads shall be the equity ratio of the site area;
[A: 10 million won (82%) 14.8 million won (82%) B: 25.2 million won (18%)
3. The construction cost may be modified based on the design drawings and completion drawings;
4. Method of paying construction expenses by mutual agreement shall be applicable.
(Provided, That the construction cost shall be determined 30 days after the completion of road works as the current capital is insufficient.
B. The Plaintiff completed the instant construction work on November 201, and received total of KRW 70 million from the Defendant as the construction price.
[Ground of recognition] Facts without dispute, Gap evidence 1, 11, Eul evidence 1 (including numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of both claims;
A. As the Plaintiff’s principal lawsuit in this case, the Plaintiff calculated by adding 10% of the additional tax to KRW 262,525,194 (=238,659,268 x 110%) the total construction cost calculated by adding 262,525,194 (=238,659,268 x 110%) to KRW 7,418,676, total construction cost paid by the Plaintiff to the Defendant, including KRW 7,418,67, total construction cost paid by the Defendant, KRW 77,676, total construction cost paid by the Defendant (=) 185,518,518,265,265,268, 110)