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1. The Plaintiff (Counterclaim Defendant) paid KRW 76,570,100 to the Defendant (Counterclaim Plaintiff) and its related amount from November 30, 2014 to December 9, 2016.
Reasons
1. Basic facts
A. On December 16, 2013, the Plaintiff entered into a construction contract with the Defendant for the new construction of the instant building B (hereinafter “instant building”).
B. On December 16, 2013, the Plaintiff concluded a construction contract with the Defendant for the new construction of the instant building C (hereinafter “instant building”) on the part of Hanju-si, a contracting party D, the owner of the land.
C. On February 8, 2014, the Plaintiff entered into a contract with the Defendant for construction works for the new construction of the E-Land Building (hereinafter “instant third building”) on the land (hereinafter “instant third building”), and the contracting party was F, the owner of the land.
The buildings of this case Nos. 1, 2, and 3 are collectively referred to as "each of the buildings of this case," and the above buildings
(a).
C. In addition to each contract for construction works described in paragraph (1), “each of the instant construction contracts” is “each of the instant construction contracts
(d) As to the instant building on August 26, 2014, the Defendant: (a) obtained respective approval for the use of the instant building on September 1, 2014; (b) October 27, 2014; (c) on August 28, 2014, under the name of the Defendant as to the instant building No. 1; and (d) September 2, 2014, under the name of the Defendant as to the instant building No. 2; and (d) completed registration for the preservation of ownership as to the instant building No. 3 in the name of F on November 21, 2014. [Grounds for recognition] Party Nos. 1, 2, and 5 (including the number of pages; hereinafter the same shall apply)
written evidence Nos. 1, 4, and 6, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (Cause of Claim) 1) The Plaintiff and the Defendant concluded a construction contract with the instant building KRW 417,150,000, each of the instant building as KRW 417,150,000 (excluding value-added tax) and with the instant building KRW 335,890,00 (excluding value-added tax). The Defendant paid the Plaintiff KRW 1,039,570,000 out of the construction cost, including value-added tax, and paid the Plaintiff KRW 247,639,00,00 in the course of constructing each of the instant building. (2) The Defendant paid the Plaintiff KRW 1,287,209,570 among the construction cost, including value-added tax, and unpaid KRW 247,639,00.