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1. The Defendant (Counterclaim Plaintiff) paid KRW 42,887,629 to the Plaintiff (Counterclaim Defendant) and its amount from February 4, 2015 to August 9, 2016.
Reasons
1. Basic facts
A. C Co., Ltd. for the purpose of livestock product meat processing business, etc. (hereinafter “C”) leased G land at the Jeju city owned jointly by D, E, and F, and concluded a design contract with the I operating H architect office on April 21, 2012 and the Class II neighborhood living facilities to be newly constructed on the ground of the said land (hereinafter “instant building”).
B. On May 30, 2012, the Defendant, a corporation, the object of which is building construction business, entered into a contract with the Defendant, setting the construction cost of KRW 880,000,00 for the new construction of the instant building (including value-added tax) and the construction period from May 30, 2012 to September 30, 2012.
C. On June 20, 2012, the Plaintiff, a corporation, the purpose of which is the construction business of steel products, entered into a contract with the Defendant on June 20, 2012 with the terms that the steel frame (hereinafter “instant construction”) among the new construction works of the instant building shall be KRW 550,00,000 (including value-added tax) and the construction period from June 20, 2012 to July 31, 2012 (hereinafter “instant contract”).
The Plaintiff completed the instant construction pursuant to the instant contract, and the Defendant paid KRW 510,000,000 to the Plaintiff from June 29, 2012 to October 23, 2012.
【Facts without dispute over the ground for recognition】 The evidence of No. 2 through 6, Eul's evidence of No. 1, Eul's evidence of No. 6, Eul's evidence of No. 7 (each omission of provisional number), the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 40,000,000 (=550,000,000 - KRW 510,000,000) under the instant contract, barring special circumstances.
B. In full view of Gap evidence No. 1, Gap evidence No. 7, Gap evidence No. 11-1, and Eul evidence No. 11-2, and the overall purport of testimony and arguments of the witness I and J, the substantial representative of Eul is a witness.