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1. The Defendant (Counterclaim Plaintiff) paid KRW 35,153,170 to the Plaintiff (Counterclaim Defendant) and the amount from July 1, 2016 to June 12, 2019.
Reasons
1. Basic facts
A. On February 2016, the Plaintiff entered into a construction contract with the Defendant to newly construct two detached houses (Adong and B) at the Jeju-si and D’s ground level of KRW 115,00,000 in one unit (hereinafter “instant construction contract”) with the total of KRW 230,00,000, and did not prepare a contract.
B. From February 29, 2016 to June 12, 2016, the Plaintiff completed the instant construction project and completed the 2nd unit of a detached house A with the second floor of the Busan District District District District of the General Timber Structure, but the said 2nd unit of the Busan District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District of the District
C. The Plaintiff received total of KRW 172,325,730 from the Defendant.
[Ground of recognition] Facts without dispute, Gap's evidence 1 through 4, Gap's evidence 5-1 through 3, Gap's evidence 6 through 8, the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. According to the facts found above, the defendant deducted 172,325,730 won from the construction price paid at KRW 230,00,00 in the Cdong and B (hereinafter collectively referred to as "each building of this case") and the construction price paid at KRW 234,30,00,00,00 in the Cdong and Cdong, and deducted 172,325,730 won from the construction price paid at KRW 172,30,00,00, and 9,241,100 won from the defect repair price of each building of this case as of April 23, 2019, the plaintiff stated 6,48,200,000 won in the application for change of the purport of the claim and cause of the claim as of KRW 17,580,000,000 in the aggregate of the construction price paid at KRW 172,580,000,000,000 won in the above appraisal work.