The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 242,660,000 from the Plaintiff (Counterclaim Defendant) and simultaneously received it from the Plaintiff (Counterclaim Defendant).

With respect to a principal claim and a counterclaim, it shall be deemed together.

Basic Facts

On September 5, 201, the Plaintiff concluded a contract with the Defendant, who is the implementer of the consortium development project, which is the one of the group members of the group club development project, in order to operate the building construction business, etc., and from September 15, 201 to July 30, 201, with respect to the construction cost of KRW 5.25 billion (including value-added tax) and the construction period of the group and its affiliated building works (hereinafter “instant construction works”).

On July 10, 2012, the Plaintiff and the Defendant concluded the first modification contract, which extends the construction period from July 30, 2012 to December 31, 2012, and the second modification contract which increases the construction amount from October 30, 2012 to KRW 5.25 billion to KRW 5.45 billion (including value-added tax) respectively.

[Grounds for recognition] Facts without dispute, Gap evidence 1-1-2, 3 plaintiff's main claim, and plaintiff's counterclaim claim as to the plaintiff's main claim, the defendant settled down only the progress payment up to the part of November 2012 and paid to the plaintiff, and the defendant did not pay 121,851,000 won among them to the plaintiff on the ground that the claim for construction cost of this case was provisionally seized, but the provisional seizure was now cancelled, and the defendant did not pay the plaintiff the progress payment from December 2012 to the plaintiff. The amount of the unsettled progress payment is 445,50,000 won following the settlement agreement between the plaintiff and the defendant (which is 205,000,000 won, 200,000 won, 405,000 won, 405,000 won, value-added tax (which includes value-added tax) calculated by the plaintiff, 636,400,000 won, 200 won.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 567,351,00 ( KRW 121,851,000) around the Plaintiff, and KRW 758,091,00 ( KRW 636,240,000) around the first place. However, the Defendant is obligated to preferentially claim only KRW 300,000 among them.

Judgment

Account payable out of the progress payment of the previous account.