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1. The Defendant (Counterclaim Plaintiff) paid KRW 14,718,681 to the Plaintiff (Counterclaim Defendant) and its related amount from August 17, 2016 to March 15, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a person who runs a construction business under the trade name of “C,” and the Defendant is a person who operates a health club under the trade name of “E” among the buildings located in Busan Southern-gu D.
B. On May 2, 2016, the Plaintiff entered into a contract with the Defendant to determine the contract amount of KRW 150 million (excluding value-added tax) and to receive KRW 150 million (hereinafter “instant construction contract”).
[Reasons for Recognition] Unsured Facts, Entry of Evidence No. 2, the purport of the whole pleadings
2. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence No. 1 and Gap evidence No. 2 (a written confirmation of settlement, the defendant's assertion that it was prepared by the plaintiff's deception or coercion, but there is no evidence to acknowledge it), the plaintiff completed the instant construction work around July 2016, and around that time, the plaintiff added additional construction costs to the original contract amount of KRW 19,60 million with regard to the defendant and the instant construction work, and deducted the total construction cost of KRW 115,60,000 from the above amount to KRW 19,60,000,000 (i.e., the total construction cost of KRW 19,960,000 - KRW 115,60,000) and the balance of the construction cost of KRW 19,60,000,000 from the above amount to KRW 65,000,000 (= KRW 466,000,00).
According to the above facts, the defendant is obligated to pay the remainder of the construction price agreed upon to the plaintiff 65 million won.
3. The defendant's assertion on the principal lawsuit and the judgment on the counterclaim
A. The Defendant’s assertion that the Plaintiff had part of non-construction and modified construction among the parts that the Plaintiff originally agreed to perform is KRW 38,410,841 (i.e., value-added tax of KRW 34,918,946 for construction cost).
Defect due to defective construction in the part constructed by the plaintiff, and the defect repair cost = 28,364,641 = 28,364.