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1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant (Counterclaim Plaintiff) and the Defendants are jointly and severally.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. From January 2014, while the Plaintiff was awarded a contract for E business (the second year; hereinafter “instant business”) with the Korea Mine Reclamation Corporation, on June 27, 2014, the Plaintiff agreed on the supply of soil necessary for the instant business at the first soil borrow 30,000 square meters in the construction site, 110,000 square meters in the second soil borrow 20 square meters, and 30,000 square meters in the third soil borrow 3,960 square meters per 1 square meter (including additional tax).
B. As to the above supply of soil on July 2, 2017, the Defendant Company prepared and delivered to the Plaintiff a written statement to the following purport between Defendant A and Defendant C, an operator of the Defendant Company, as the owner of the second soil exploitation site on July 2, 2017:
(2) The Plaintiff, on September 4, 2013, and January 27, 2014, paid to the Defendant Company KRW 50 million in return for collecting soil of 300,000 square meters at the second place of earth in the second place (excluding surtax; hereinafter the same shall apply). The Plaintiff is expected to pay KRW 50,00,00 in the second place of soil to be collected at the third place of soil and KRW 18,00,000 in the soil price to be collected at the third place. If the amount of soil equivalent to the price that the Plaintiff paid is not lower than the lower place of soil or if Defendant A fails to transport soil at the place of the Defendant Company, Defendant A shall transfer the soil to the Plaintiff immediately to the second place of soil. If Defendant A fails to comply with this, Defendant A, Defendant D, and Defendant C will not be repaid.
-1 The following-1 earth borrow : GS Construction. (2) The second earth borrow : the F.3 earth borrow-gun F. the third earth borrow : the soil suitable for the soil covering the farmland in the stone plant:
C. On July 2, 2014, the Plaintiff: (a) to the Defendant Company KRW 173,80,000,000 (including KRW 118,88,000,000,000 for soil of KRW 55,00,00,00 for soil of the third borrow site) with the price for soil under the instant agreement.