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1. The Defendant (Counterclaim Plaintiff) paid KRW 259,902,476 to the Plaintiff (Counterclaim Defendant) and its amount from March 30, 2016 to June 22, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and A decided to newly construct a motor vehicle maintenance and inspection office (hereinafter “instant maintenance office, etc.”) and a gas station A, respectively, on the ground of 6647m2, a gas station B in Kimpo-si.
B. On September 19, 2014, the Plaintiff concluded a contract with the Defendant for a new construction of the instant repair facility (hereinafter “instant construction”) at KRW 3,730,00,000 (including value-added tax) for the construction cost, April 12, 2015; 0.3% of the construction cost rate for the warranty bond; and 0.1% of the construction cost per day per delay compensation rate.
(hereinafter “instant contract”). On June 4, 2015, the Plaintiff and the Defendant changed the instant contract to the construction cost of KRW 4,070,000,000 (including value-added tax) and the scheduled completion date of construction works on June 30, 2015.
C. On July 21, 2015, A requested C architect office to file an application for approval of the use of the instant repair shop, etc., and the instant repair shop, etc. was approved on August 5, 2015.
The Plaintiff paid the Defendant KRW 3,740,000,000, in total, until now.
E. Meanwhile, on July 7, 2015, the Plaintiff prepared a letter as follows and delivered it to the Defendant on July 8, 2015, which was certified by a notary public law firm as the Han Han-do, No. 01634 on July 8, 2015.
The defendant, by July 19, 2015, confirmed that the documents necessary for completion should be transferred to the supervision team, and that the supplementary documents should be immediately supplemented at the time of completion inspection, and that the head of the site office (D) will not raise any civil or criminal objection and liability against the defendant and the executive officers and employees of the defendant. If so, all civil or criminal liability are liable to the plaintiff.