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1. The Defendant (Counterclaim Plaintiff) paid KRW 14,391,865 to the Plaintiff (Counterclaim Defendant) and its related amount from January 18, 2012 to August 22, 2014.
Reasons
1. The facts of recognition shall be deemed to be combined with the principal lawsuit and counterclaim;
A. On March 24, 2011, the Plaintiff entered into a construction contract with the Defendant with the purport that the Plaintiff would implement a new construction work of detached houses owned by the Defendant on the ground of Gyeonggi-si B (hereinafter “instant construction work”). The specific content is as follows.
O Construction Period: 192,00,000 won (including value-added tax) for the O contract amount on March 29, 2011, and June 30, 201 (for two months after commencement of works):
B. From around that time, the Plaintiff implemented the instant construction work, and thereafter, the construction work was delayed due to the Plaintiff’s reasons, and thus, it was impossible to observe the said construction period. Around August 8, 2011, the Plaintiff decided to suspend the instant construction work, and agreed with the Defendant on the construction cost, etc. as follows.
At the above site, the contractor, while entering into a contract for a detached construction project, has delayed the progress of the construction project due to reasons such as the supply and demand of the contractor and the contractual construction period due to the failure to comply with the contract, etc., the contractor shall cease the construction work as of August 8, 201 and cooperate with the project owner so that the project owner may directly perform the construction project, the costs necessary for the repair of defects and the remaining completion of the construction, etc., the contractor shall settle the costs incurred by the project owner and the costs incurred by the contractor, and the materials that were put into the site until the settlement date shall not be taken out, the cost incurred until the settlement date shall be settled under the responsibility of the contractor, the contractor shall be settled after the completion of mutual settlement, the contractor shall waive the construction
(including expenses incurred in the delay of construction).
Meanwhile, while carrying out the instant construction project, the Plaintiff received a total of KRW 110,000,000 from the Defendant during the period from March 31, 2011 to July 22, 2011.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 1, 2, and 5 evidence (including additional numbers), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion.