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1. The Plaintiff (Counterclaim Defendant) paid KRW 199,366,576 to the Defendant (Counterclaim Plaintiff) and its related amount from April 1, 2017 to May 16, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. E Co., Ltd. (hereinafter “E”) is a company that receives a contract from F Co., Ltd. for “D hotel construction” located in Seopopo City C.
B. On March 8, 2016, the Plaintiff entered into a contract with E to determine the supply price of one section (hereinafter “instant subcontracted contract”) as KRW 8,947,00,000 among four sites of “D hotel construction works” (hereinafter “instant subcontracted project”). On July 30, 2017, the Plaintiff entered into a contract with E to accept a subcontract (hereinafter “former subcontract contract”). Ultimately, the Plaintiff entered into a contract to change the supply price of the said subcontract to KRW 11,956,510,000 (hereinafter “former subcontract contract”).
C. Since then, the Plaintiff and the Defendant entered into a contract with the Defendant under which the part of the said reinforced concrete processing assembly work (hereinafter “instant steel processing assembly work”), which is a part of the said reinforced concrete construction work, shall be entrusted to the Defendant, and the Plaintiff shall pay to the Defendant an amount calculated by multiplying the quantity of the steel bars processed and assembled by a ton unit price (hereinafter “instant contract”).
Around March 2017, the Defendant completed the instant steel processing assembly works.
[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The volume of steel products used for the Plaintiff’s steel processing and assembly works of this case is 6,568 tons as indicated in the “detailed statement of subcontract alteration contract” between the Plaintiff and E. The Plaintiff and the Defendant claimed that the amount of KRW 370,000 per ton per ton for 6,113 tons, and the remaining KRW 280,00 per ton for 455 tons, calculated respectively, and agreed to calculate the price of the said construction works. The Plaintiff paid KRW 2,261,793,424 to the Defendant in relation to the said construction works. As such, the Plaintiff asserted that the obligation owed to the Defendant under the instant contract is KRW 127,416,576, the Plaintiff claimed that the said obligation owed to the Defendant is KRW 127,301,786. However, it is specific.