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1. On December 29, 2012, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 359,535,928 and KRW 70,000 among them.
Reasons
1. Basic facts
A. From August 2010 to December 2, 2011, B, the Plaintiff’s father, contracted to C with the construction work of constructing appurtenant facilities, such as a penta-gun D (hereinafter “D”) of approximately 60 square square meters-type building (hereinafter “large penta-type”) and swimming pool, and soup bank, on the land of Gyeonggi-si D (hereinafter “D”).
(hereinafter “instant contract for large fences, etc.”). C concluded the said contract, and C agreed to complete not only the execution of the said construction, but also the authorization and permission procedure necessary for the approval of use of the said large fences, etc. until June 15, 2012.
B. On April 5, 2012, the Defendant entered into a construction management service contract with the Plaintiff, C, etc., and with respect to Adong remodeling and neighborhood living facilities, and toilet construction, which are part of the instant new construction works, including the instant large pension, as follows (hereinafter “instant management service contract”). The Plaintiff paid the Defendant KRW 41,200,000 in total, as the price for the said management service contract, under the pretext of the said management service contract, KRW 13,000 on April 30, 2012, and KRW 14,200,000 on July 10, 2012, and KRW 14,200,000 on August 17, 2012.
Construction Management Service Contract
1. Contract title: both horizontal pension remodeling and neighborhood living facilities, and new toilet construction works;
2. Location of housing site: F and four parcels;
3. Outline of construction: From April 2012.
4. Contract amount and settlement method: Separate Ma1 quotation (Calculation Table of Building Construction Management Services) shall be paid by C in principle by the owner of construction, who is subject to the construction work C, the defendant design and supervision company's G architect's G architect's duties as specified in the above contract; 2) the scope of duties as specified in the above contract shall be focused on the improvement of quality in the above field and the process management.
3) In principle, materials and labor (subcontracts) are to be paid and applied by the Plaintiff and C in principle. Written estimates (a statement of calculation of building construction management services).