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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) C: (a) KRW 6,730,000; and (b) from January 18, 2013 to December 12, 2013.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. A. (1) On April 201, the Plaintiff and the Defendant Company made a written contract for construction works, around April 201, that the Plaintiff would pay the Defendant Company a license rental fee equivalent to 5% of the construction cost (excluding value-added tax) in return for the performance of construction works by lending a comprehensive construction license from the Defendant Company. 2) After that, on April 20, 201, Defendant B, C and the Defendant Company drafted a written contract (hereinafter “instant contract”) under which the Defendant Company entered into a contract with the Defendant Company for construction works of six-story buildings (hereinafter “instant construction works”) at the volume of construction cost of KRW 640,000,000,000,000 (excluding value-added tax) from the Defendant Company.
B. 1) Defendant C’s payment of the construction cost, etc. is made after the instant contract is drawn up by the National Bank of Korea (hereinafter “National Bank”).
() The Defendant Company received KRW 640 million from the Defendant Company, and the Defendant Company received KRW 539,850,000 among the above loans. In addition, the Plaintiff paid KRW 122,290,000 to the Defendant Company from May 19, 2011 to May 31, 2011. (2) The Defendant Company paid to G and H, etc. part of the instant construction works, as the subcontract price, from May 12, 201 to October 6, 201, paid KRW 456,00,000,000 (including value-added tax) as the said subcontract price, to H, etc. from May 17, 2011 to May 31, 2011.
3) Meanwhile, the instant construction project was completed on January 16, 2012, and the registration of ownership was completed in the name of Defendant B and C on March 9, 2012, and around April 5, 2012, Defendant B and C paid KRW 53,134,640 to the Defendant Company as the instant construction cost and value-added tax. [In the absence of any dispute over the grounds for recognition, evidence No. 1-3, evidence No. 1-2-3, evidence No. 3-1 through 5, evidence No. 3-1 through 4, evidence No. 4-1 through 3, evidence No. 6, evidence No. 10-1, evidence No. 10-2, evidence No. 11-1, No. 11, and A-2.