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1. The Defendant (Counterclaim Plaintiff) paid KRW 6,530,251 to the Plaintiff (Counterclaim Defendant) and its related amount from April 18, 2013 to December 2, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant: (a) the Plaintiff’s KRW 220 million for the cost of the civil engineering works on the Gyeonggi-gun and six parcels, B, and one parcel; (b) the construction period from April 1, 201 to May 31, 201; (c) the construction cost of KRW 220 million; (d) the payment method of KRW 55 million as the down payment; and (e) the remainder on April 30, 201 as the down payment.
5.15.
5. On March 31, 200, each of the 55 million Won (paid by e.g., payment by e., the progress of construction) was awarded a contract (hereinafter “instant contract”).
B. The Plaintiff agreed with the Defendant to increase the construction cost as KRW 330 million (including value-added tax) upon the Defendant’s request, while continuing construction works after the said contract.
hereinafter referred to as the "first modified contract".
C. After the first modified contract, the Plaintiff and the Defendant performed a considerable portion of construction work. A conflict arose in relation to the issue of payment of progress payment on August 201, 201, and the issue of advance payment of construction cost, civil petition household construction cost, and flood control expenses that the instant construction work had been executed before the Plaintiff, and reached a situation where the erosion was suspended.
In order to solve the problem, the plaintiff and the defendant tried several times, such as repreparation of the contract for construction, but they did not reach an agreement, and the defendant eventually selected another construction business operator and completed the construction work in this case.
From April 4, 2011 to July 5, 2011, the Defendant paid KRW 250 million to the Plaintiff as construction cost, and paid KRW 10,840,500 to the subcontractor D on behalf of the Plaintiff.
E. The construction cost of the part of the construction work of this case for which the Plaintiff was a person who had not performed the construction work of this case is KRW 48,688,200, which is the sum of KRW 528,00, KRW 6,400, KRW 6,400, KRW 14,075,000, KRW 23,254,60, and KRW 262,00 in total, and KRW 44,262,00 in total, and KRW 10.