1. The Defendant (Counterclaim Plaintiff) paid KRW 185,963,635 to the Plaintiff (Counterclaim Defendant) and its amount from September 6, 2014 to September 22, 2017.

Basic Facts

On October 1, 2012, the Defendant: (a) supplied the Plaintiff with the construction price of KRW 8,716,50,000 for the new construction of the officetel on the land (hereinafter “the instant officetel”); (b) the construction period from October 11, 2012 to February 11, 2014; and (c) the Plaintiff supplied the Plaintiff with the construction price of KRW 900,000,00 for the steel, concrete, and wood-water construction (hereinafter “instant construction”) from February 1, 2013 to September 1, 2013, the construction period was changed from February 1, 2013 to December 11, 2012; and (d) the Plaintiff subcontracted the construction price of KRW 90,00,00 for the instant construction work period of KRW 56,363,635,00 for the penalty for delay.

(hereinafter “instant construction contract”). The Plaintiff completed all of the instant construction works, and the Defendant completed the instant officetel around June 2014 and obtained approval for use on June 27, 2014.

From June 20, 2013 to September 5, 2014, the Defendant paid the Plaintiff KRW 720,000,000, including KRW 56,363,635, under the pretext of progress payment for the instant construction project.

【Unless there is any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid construction payment amount of KRW 236,363,635 (= KRW 900,000,000 - 720,000,000 KRW 720,000), and damages for delay.

The Defendant asserts that the remainder at the time of the instant construction contract was agreed to pay the construction price in cash to the Plaintiff, and that the Defendant did not have any obligation to pay the construction price in cash

According to the above Gap evidence No. 1, the plaintiff and the defendant concluded the instant construction contract and agreed to pay the remainder of KRW 200,000,000 among the total construction cost of KRW 900,000,000 to the two households of the instant officetel. However, such an agreement on payment in kind is merely a method of payment.