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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,290,000 to the Plaintiff (Counterclaim Defendant) and its amount from December 16, 2016 to November 29, 2017.
Reasons
1. Basic facts
A. On October 1, 2015, the Plaintiff drafted a contract for delegation of soil and sand and rock removal between the leisure environment industry (hereinafter “the leisure environment industry”) and the leisure environment industry (hereinafter “the leisure environment industry”) to treat the Plaintiff with soil and sand generated during the new reclamation facility works executed by the leisure environment industry (hereinafter “the leisure environment industry”).
B. On May 14, 2016, the Plaintiff entered into a contract for collecting and selling cancer with the Defendant for the following purposes:
(A) “A” means the Plaintiff, “B”, and the details of the work in detail are as follows: (a) volume settlement; (b) volume settlement shall be made at the end of each month; and (c) 4,500 won per lushee shall be paid in cash to “B” within 35 days. (e) down payment shall be KRW 0 million per day, and “B” shall be paid in cash within the construction period, and shall not be returned.
C. On September 2016, the Plaintiff and the Defendant: (a) adjusted the original tin price from KRW 4,500 to KRW 4,000 per ulue; (b) concluded a construction change contract (hereinafter “instant contract”) with the following content on November 29, 2016:
(‘A’ means the Plaintiff and “B” mean the Defendant, and the detailed content thereof is see A’s evidence 11). 1. B, up to January 31, 2017, the said construction is completed by January 31, 2017, by the design height of the leisure environmental industry (the design height at the best time of a contract).
2. If Eul does not comply with paragraph 1, Eul will pay 100 million won to the female environmental industry as penalty for penalty for penalty for penalty for penalty.
3. Where Eul performs paragraph (1) of this Article, the down payment of KRW 20 million paid to Eul shall, without delay, be refunded to Eul KRW 20 million.
4. B shall pay the raw stone price (2,000 won) taken out to A by November 30, 2016 by no later than December 15, 2016.
5. B does not have an obligation to pay A the price of tin incurred from December 1, 2016.
6. A shall carry out the above construction work with the cooperation of the leisure environmental industry.