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1. The Defendant (Counterclaim Plaintiff) paid KRW 124,360,913 to the Plaintiff (Counterclaim Defendant) and its related amount from January 5, 2013 to March 28, 2013.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in construction work such as electricity, telecommunications, fire fighting, etc., and the Defendant is a company that engages in specialized construction work such as indoor architecture.
B. The Korea Health Care Association, an incorporated association (hereinafter “Korea Health Care Association”), entered into a contract with the Defendant for the extension works of the Ganbuk Branch. On May 7, 2012, the Defendant entered into a subcontract with the Plaintiff for electricity, telecommunications, and fire fighting works (hereinafter “first contract”) during the said construction works (hereinafter “first contract”), and the period of construction from May 7, 2012 to November 4, 2012, determined that the amount of the contract may be adjusted according to the design change, economic situation change, etc.
C. According to the above contract, the Defendant constructed a building to be extended adjacent to the existing building of the Korea Health Management Association, and the Plaintiff, pursuant to the first contract, continued the electricity, telecommunication, and fire fighting of the said extended building.
On May 14, 2012, the Defendant paid KRW 16,995,00 to the Plaintiff as advance payment, and paid KRW 16,720,00 to the Plaintiff four times on August 27, 2012, KRW 39,60,000, KRW 30,000 on September 26, 2012, KRW 32,670,000 on October 30, 2012, and KRW 32,670,00 on November 30, 2012, the Defendant paid KRW 149,65,000 on the first construction (i.e., KRW 16,95,00, KRW 27,000, KRW 720,000, KRW 360,000 on KRW 360,360,07,00 on KRW 306,07,07).
E. On September 2012, when the first construction is in progress, the Defendant requested the Plaintiff to remodel the office buildings of the Gyeongbuk Branch of the Korea Health Management Association and construct electricity, telecommunication, fire fighting, etc. (hereinafter “the second construction”). On October 2012, the Plaintiff entered into a contract with the Defendant for the second construction (hereinafter “the second contract”) and started the second construction.
However, unlike the first contract, the second contract was not prepared separately.
(f).