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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff: (a) concluded a contract under which C (hereinafter “instant construction contract”) re-subcontracts to the Defendant the construction (hereinafter “instant construction contract”) indicated as part of the Defendant’s “Defendant” of the construction site attached to the construction contract between the Defendant and the Defendant, who carried out construction business under the name of F, namely, heating and heat treatment at the construction site of D New Factory in Gangseo-gu Busan, which was supplied by D, and received from D (hereinafter “stock Company”) only for the first time; and (b) the Plaintiff entered into a contract between the Defendant and the Defendant, who carried out construction business under the name of F on August 9, 2018, on the street and heat treatment in the construction contract from C (hereinafter “instant construction contract”).
The main contents of the instant construction contract are as follows.
Article 1 [Terms and Conditions of Contract] (1) of the instant Construction Contract: Construction contract amount: 167,00,000 won for heating lines and heat treatment lines (hereinafter omitted): Value-added Tax separately (3): from August 9, 2018 to October 31, 2018; Terms and Conditions of Contract: Article 2 [Price Payment] Separated Value-Added Tax (20%) - KRW 33,400,00 for one time: 2. 83,500,000 for two time (50%) - September 3: 50,000 for the first time (total 70% completion condition): 50,100,000 for the first time: Plaintiff 1,370 and 370,000 for the removal and removal of o on-site raw materials and equipment at the construction site other than those installed at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site at the construction site.