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1. The Defendant (Counterclaim Plaintiff) paid KRW 144,279,00 to the Plaintiff (Counterclaim Defendant) and its related amount from June 27, 2013 to December 18, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a corporation established on December 24, 2003 for the purpose of the construction business, etc., and the Defendant, as the owner of the Jeju-si land B, entered into a contract for construction works with the Plaintiff in constructing retail stores and manufacturing facilities on the above ground (hereinafter “instant construction”).
B. Although the Defendant intended to conclude a contract for the instant construction project with a comprehensive marine construction company (hereinafter “comprehensive marine construction”) that implemented a part of the original construction of the instant construction project, the Defendant presented an amount less than the construction cost proposed by the comprehensive marine construction company. Accordingly, the Defendant entered into the contract for the instant construction project with the Plaintiff (hereinafter “instant contract”).
C. The completed construction cost of the portion of the instant construction works executed by the comprehensive ocean construction (hereinafter “the instant portion of construction works”) is KRW 113,178,480, and the Defendant paid KRW 113,178,480 to the comprehensive ocean construction on January 24, 2013.
The Plaintiff completed the instant construction work on April 19, 2013, and the Defendant paid the Plaintiff totaling KRW 910 million as the construction cost of the instant case.
[Ground of recognition] without any dispute, Gap's evidence Nos. 1 through 4, 5 (construction standard contract, and the name and address of the defendant recognized as the defendant's writing by the appraiser C's written appraisal result, the authenticity of the entire document is presumed to have been formed), Gap's evidence Nos. 7 through 18, Eul's evidence Nos. 1 through 24 (including each number), witness D, E's testimony, and the purport of the whole pleadings
2. The parties' assertion
A. On January 17, 2013, the Plaintiff’s assertion entered into a contract with the Defendant on the construction cost of KRW 1.130 million (hereinafter “instant prime contract”) with respect to the instant construction work (hereinafter “instant prime contract”). The contract entered into at the time is the construction standard contract with Party A as set forth in subparagraph 5.