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1. The Defendant (Counterclaim Plaintiff) paid KRW 38,694,753 to the Plaintiff (Counterclaim Defendant) and its amount from November 24, 2012 to August 22, 2014.
Reasons
1. Basic facts
A. From April 14, 2008 to February 6, 2009, the Plaintiff, as a company mainly engaged in civil engineering and US-style construction business, entered into a subcontract agreement with each of the following sub-construction companies (hereinafter “slun Construction”), Daegu-dong apartment construction, Daegu-dong apartment construction, Cheongju-dong apartment construction, Cheongju-dong apartment construction, Pyeongtaek-dong apartment construction, Busan-si apartment construction, Busan-si apartment construction, and C-built apartment construction in B.
On January 4, 2009, the Plaintiff concluded a subcontract again with the Defendant for each of the above sub-contractors, and the subcontract amount is the same as the construction cost (excluding value added tax; hereinafter the same shall apply) of each of the above sub-contractors that the Plaintiff concluded with the Construction with the Plaintiff, but the Plaintiff agreed to deduct 7% of the management fee and all of the expenses (such as material cost, various tax, equipment cost, food expenses, etc.) incurred from the above sub-contractors that the Defendant bears.
B. On December 2, 2009, the Plaintiff entered into a subcontract with the Defendant on the following: (a) On February 3, 2010, the Plaintiff entered into a subcontract with the Defendant for the instant Bluedong Construction and the instant Bluedong Construction (hereinafter “Sluedong D”)
According to the above subcontract agreement between the Plaintiff and the Defendant, the construction period is from December 2, 2009 to January 31, 2012. The subcontract amount is the same as the construction cost of the said subcontract that the Plaintiff entered into with the Construction by the Plaintiff (in the contract, the fixed amount of KRW 974 million is stated in the contract, but there is no dispute between the parties as to the fact that the subcontract amount is changed to the same level as the increase and decrease in the construction cost between the Plaintiff and the Plaintiff). Among them, 6% of the management expenses and all the conditions (such as materials, personnel expenses, bill discount, etc.) incurred from the said construction site borne by the Defendant, and the Defendant shall be paid a monthly fixed amount to the Defendant.
C. On November 1, 2010, the Plaintiff is not more than a lot construction and the second lot lot construction project in Busan, Seodong-dong, Busan, and not more than a unit succession project.