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1. The Plaintiff (Counterclaim Defendant) paid KRW 45,150,500 to the Defendant (Counterclaim Plaintiff) and its related amount from September 20, 2012 to January 23, 2014.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are the business operators selling aggregate, etc. with the trade name B, and the Defendant is a corporation established on July 3, 2008 for the purpose of land and civil engineering development.
B. On December 209, the Defendant entered into a contract for civil works between the Defendant and the limited liability company C (hereinafter “C”) and agreed that C (the representative director shall be D) operated on October 4, 2010 and C (the husband of E shall be the husband of the instant land) shall perform the civil works of the instant land, and that C shall collect and sell aggregate, etc. generated in the course of the civil works and appropriate it for the construction cost, while the Defendant engaged in mountainous development activities upon obtaining permission for establishment, etc. from the high-face 42-3 and seven lots (hereinafter “instant land”).
However, C delayed the implementation of civil engineering works, and eventually renounced civil engineering works on June 5, 2012, and the Defendant continued to perform civil engineering works and extraction and sale of aggregate on the instant land.
C. The Plaintiff entered into a contract for the purchase and sale of aggregate and supply of some aggregate 1) The Plaintiff supplied aggregate extracted from the instant land by C from October 2010 to June 5, 2012 (the Plaintiff supported equipment and expenses necessary for civil engineering works to C, and C supplied the Plaintiff with aggregate recovered from the instant land in return for the aforementioned payment.
(2) As seen earlier, C renounced the civil engineering work around June 5, 2012, and later, C was directly supplied with aggregate from the Defendant. 2) On September 13, 2012, the Plaintiff supplied aggregate to KRW 15,000 per cubic meter from September 14, 2012 to Sungsung C (hereinafter “Scene”) between the Defendant and Sungsung C Co., Ltd. (hereinafter “Scene”) on September 13, 2012.