Text
1.(a)
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is entitled to KRW 30 million against the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from January 25, 2014 to March 5, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Facts of recognition
On November 4, 2013, the Plaintiff entered into a contract for construction works with C, representing the Defendant, set the total construction cost of KRW 210 million (excluding value-added tax), advance payment of KRW 40 million (on November 6, 2013), part payments of KRW 120 million (on November 18, 2013), and part payments of KRW 120 million (on payment date), the remainder payment of KRW 50 million (on November 18, 2013), and the payment of KRW 50 million (on payment date).
As of November 4, 2013, the Plaintiff and the Defendant began the instant construction from November 4, 2013, and the Plaintiff, the Defendant’s agent, had different opinions with regard to changes in food equipment and passage construction around November 28, 2013, and determined that it is difficult for the Plaintiff to proceed with the instant construction.
On November 30, 2013, the Plaintiff evaluated the instant construction project as KRW 100 million (excluding value-added tax of KRW 10 million) with the Defendant’s agent C, and concluded an agreement with the Plaintiff to pay the remainder of KRW 30 million to the Plaintiff as material cost. The remainder of the unpaid payment is paid to the Plaintiff by the Defendant, which shall be paid first to the Plaintiff as labor cost of KRW 10 million, and shall be paid as labor cost of KRW 10 million within one month after the commencement of the E business.
The following contents were stated in the documents drawn up at the time:
Provided, That the receipt tax paid for the material cost shall be changed to the business operator, and the receipt shall be refunded.
(b) to receive a written waiver of the interior of the interior of the State;
(b) all processes of construction will be transferred to the assignee.
b. The portion of the material receipt and the part of the purchase amount separately settled is deleted by the crossing.
The Plaintiff received the payment of KRW 40 million as advance payment on November 6, 2013 from the Defendant, KRW 30 million as a police officer during the same month, KRW 10 million as of November 30, 201, and KRW 80 million as the construction price.
The defendant's opening business of E was operated on December 24, 2013.