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1. The Defendant (Counterclaim Plaintiff) paid KRW 87,608,286 to the Plaintiff (Counterclaim Defendant) and its related amount from July 21, 2015 to June 22, 2016.
Reasons
1. Basic facts
A. Around June 16, 2015, the Defendant entered into a contract between the Defendant and C with Nonparty D (mutual C; hereinafter “C”), setting the construction period for the construction of three buildings on the ground B (hereinafter “instant site”) owned by the Defendant on the ground B (hereinafter “instant site”), which is located within the Gyeongnam Development-gun (hereinafter “instant site”), as KRW 209,00,000, contract amount, from June 16 to August 15, 2015.
According to the contract of this case, the progress payment out of the construction cost is stipulated to be immediately treated as direct payment after the arrival of materials at the site.
B. Conclusion of a supply contract between the Plaintiff and C and conclusion of a pledge agreement with the Defendant (1) The Plaintiff supplied steel materials to be used in the instant site to C, but the price of the materials was paid by the Defendant, the owner of the building.
On June 24, 2015, the Plaintiff prepared a written pledge agreement with the Defendant, and established a pledge on a total of KRW 100,000,000 as shown in the [Attachment] list.
The main contents of the above letter and the pledge of deposit (hereinafter “instant letter and pledge of deposit”) are as follows:
From among the materials ordered by the sn beam beamline C (including steel structure, processing, manufacturing, arrival transportation, etc.) among the sn beamline B Training Institute corporations, the actual processing cost will be received from the amount of pledge value, from among the total cost of the day which the plaintiff pledges and used to install steel structure processing (temporary rent).
The materials required at the above site shall be supplied to the above site and then only the prices A wraped shall be approved.
A shall enter the materials wraped by A and the said materials to be made up of cash immediately after the entry into the said paper.
If cash settlement is made after the storage of steel framed materials, the right of pledge shall be automatically terminated on the day, and Egratorys on the day shall be all related documents without delay.