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1. The Defendant (Counterclaim Plaintiff) paid KRW 4,296,635 to the Plaintiff (Counterclaim Defendant) and its related amount from July 9, 2015 to June 7, 2017.
Reasons
1. Facts of recognition;
A. On May 12, 2015, the Defendant: (a) set the Plaintiff as KRW 48,00,000 for the construction cost of the construction work of the building C (hereinafter “instant building”); (b) on May 15, 2015, determined as KRW 40,000 for the construction cost of the construction work of the interior walls of the building outside of the instant building; and (c) on July 8, 2015, concluded a contract with the Plaintiff for the construction work of the building B at KRW 3,57,850 for each of the above construction works (hereinafter “instant construction work”); and (d) on May 27, 2015, the Plaintiff and the Defendant drafted an additional construction contract to increase the construction cost of the instant building in KRW 16,00,000.
B. Around July 22, 2015, the Defendant paid KRW 89,000,000 to the Plaintiff as the construction cost.
C. On July 8, 2015, the Defendant concluded an agreement with the Plaintiff to pay the remaining construction cost of KRW 18,577,850 (i.e., the total construction cost of the instant case KRW 107,577,850 - KRW 89,00,000) by July 8, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. According to the above facts of recognition as to the claim for construction cost, it is reasonable to deem that the Plaintiff completed the instant construction work on July 8, 2015. Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost and delay damages therefrom, barring any special circumstances.
B. 1) The Plaintiff’s assertion and the Defendant agreed to bear the value-added tax on the instant construction cost. As such, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the value-added tax on the instant construction cost (i.e., KRW 10,757,785, which is equivalent to the value-added tax on the instant construction cost) and delay damages therefor (i.e., KRW 107,57,850 x 10%). (ii) If the Plaintiff supplies goods or services, the amount equivalent to the value-added tax should