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1. The Defendant (Counterclaim Plaintiff) paid KRW 2,845,500 to the Plaintiff (Counterclaim Defendant) and its related amount from February 7, 2014 to June 15, 2016.
Reasons
1. Basic facts
A. On December 2010, 2010, the Plaintiff commenced the construction work at the request of the her husband D of the Seocho-si E ground ground water unit construction work (hereinafter “instant 1 construction work”), and suspended it on the ground that the construction work was not paid to the Haman on December 2010.
B. After that, as a result of the commencement of the voluntary auction procedure on January 28, 201 with respect to the above land owned by C, the representative director of the defendant was changed to G around April 2012 after the defendant's representative director was the representative director.
In the process, the Plaintiff reported the lien of KRW 30,028,700 on April 11, 201 with respect to the instant First Project to the Auction Court on March 2, 2012.
C. After that, on July 2013, the Plaintiff received a request from the Defendant for the replacement of the said Electric Power Resource Construction Work (hereinafter “instant Second Work”) from the Defendant, and completed the construction from around that time to September 2013.
On the other hand, the Defendant paid to the Plaintiff KRW 27,50,000,000 (hereinafter “the instant amount of reimbursement”) in total, including KRW 27,500,000 on July 22, 2013, and KRW 7,500,000 on August 20, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 12, Eul evidence Nos. 1, 2 and 5 (including each number; hereinafter the same shall apply), witness H's testimony and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. 1) At the time of the Plaintiff’s claim, the Defendant promised to pay the Plaintiff KRW 30,028,70,000, which is the construction price of the instant 1 construction project and the amount reported by the lien. Meanwhile, the contract price of the instant 2 construction project is KRW 27,50,000 (=value 25,000,000 value-added tax KRW 25,500,000), and the additional construction project is implemented at the Defendant’s request. In addition, the additional construction project is implemented at the Defendant’s request, thereby resulting in an additional payment of KRW 3,514,50 (=value 3,195,00 value-added tax of KRW 319,50).