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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 21,050,000 and its KRW 11,150,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on May 1, 2013.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant was awarded a contract for the new construction of a church by the Korea Egyptian Association.
On July 6, 2012, the Defendant subcontracted the instant church construction work (hereinafter “instant construction work”) to the Plaintiff on July 6, 2012, and entered into a subcontract (hereinafter “instant contract”) with the Plaintiff, which stipulates that “The period of construction work commenced on July 6, 2012, the contract amount of KRW 50,66 million, the contract amount of KRW 46,600, value-added tax, value-added tax of KRW 4600,00, value-added tax of KRW 10/100, value-added tax of KRW 10/100, value-added tax of KRW 4600, value-added tax of KRW 4600, value-added tax, and approval at
B. On August 30, 2012, the Plaintiff and the Defendant concluded a modified contract to extend the deadline for completion of the instant construction to October 31, 2012.
C. On December 7, 2012, the Plaintiff received KRW 16.5 million from the Defendant (including value-added tax of KRW 1.5 million) directly, and ② from the prime contractor, KRW 14 million on January 25, 2013, KRW 3,825,000 on July 4, 2013, and KRW 1,912,50 on July 29, 2013, KRW 38150,00 on the aggregate of KRW 1,8150 on August 1, 2013, and KRW 500 on August 1, 2013.
On March 19, 2013, the Plaintiff completed the instant construction project, and the construction cost of the part partially non-construction is KRW 1.3 million.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Defendant paid 3,8150,000 won out of the total amount of KRW 50,660,000 for the instant construction work (including value added tax) and KRW 6,050,000 for additional construction work (including value added tax) to the Plaintiff (it is obvious that the Plaintiff was paid KRW 38,177,00,000, but this is 3,8150,000,000) and 2,2350,000 won.
Therefore, the Defendant is obligated to pay the said money to the Plaintiff as well as damages for delay from May 1, 2013, following the due date for the payment of the said construction cost. Accordingly, the Defendant seek the payment of the said money as the principal lawsuit of this case.
B. The plaintiff and the defendant added additional works.