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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 35,01,700,000 to the Defendant (Counterclaim Plaintiff).
Reasons
The principal lawsuit and counterclaim of this case shall be deemed to be filed together.
1. Basic facts
A. On March 31, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction of a new factory A on the ground B (hereinafter referred to as “instant factory”) with the cost of construction KRW 6.5 billion (excluding value-added tax), from April 1, 2013 to August 31, 2013 (from April 1, 2013; the date of commencement of construction; the date of completion of construction; August 31, 2013); and the construction contract (hereinafter referred to as “instant construction contract”).
B. The Plaintiff and the Defendant agreed that with respect to the construction cost as stipulated in a special contract at the time of the conclusion of the instant construction contract, the contract amount of KRW 100 million shall be paid within 10 days after the conclusion of the contract, ② KRW 100 million for the first stage payment shall be based on the framework bed and slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive slive s
C. The Plaintiff, as the instant construction cost, remitted KRW 50 million to the Defendant’s account on April 9, 2013, including ① KRW 55 million in the name of the down payment, as well as ② KRW 14.5 million on June 18, 2013; ③ KRW 22 million on August 23, 2013; ④ KRW 14.6 million on September 10, 2013; ⑤ KRW 36 million on September 13, 2013; KRW 6.6 million on September 17, 2013; KRW 6.3 million on September 17, 2013; KRW 7.3 million on September 26, 2013; KRW 1.5 million on September 16, 2013; and KRW 3 million on September 18, 2013; and KRW 1.5 million on September 16, 2013; and KRW 3 million on September 17, 20100.3 million.
On December 2013, the Plaintiff started to use the instant factory after being transferred by the Defendant. An application for approval for temporary use of the said factory was submitted to the competent authority on February 11, 2014, and on August 20, 2014.