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1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 74,49,299 and the Plaintiff’s counterclaim from April 26, 2013 to August 28, 2014.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. A. Around November 2007, the Defendant (former: Co., Ltd.) agreed to include KRW 600,000,000,000, which the Defendant shall pay to F for the purchase of the land in the above contract amount and deliver it to F in order to undertake the construction of housing sites and the construction of new housing on the land outside D and 85 lots of land (hereinafter “instant project site”).
B. On November 9, 2007, the Defendant entered into a contract with the Plaintiff on the condition that the construction cost of KRW 1,350,000,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period of KRW 600,000,000, totaling the construction cost of KRW 1,950,000,000, and the construction period of KRW 1,950,000,000 (hereinafter the “instant contract”). From November 13, 2007 to August 30, 2008, the Defendant entered into a contract (hereinafter the “instant contract”).
C. Article 9(1)1 of the instant contract provides that “Where the Plaintiff fails to complete the construction within the construction period, the Defendant may rescind or terminate all or part of the relevant contract by setting a 14-day maximum period.” Article 11(1) provides that “Where the Plaintiff fails to complete the construction within the construction period, the Plaintiff shall bear penalty for delay equivalent to 2.5/1,000 of the total amount of the contract for each number of days every delay.”
At the time of the instant contract, the Plaintiff paid KRW 110,000,000 to F, respectively, to F, in order to deliver KRW 600,000,000 to F as set forth by the Defendant at the time of the instant contract.
However, as the Plaintiff’s waste buried in the instant project site is more likely than expected and the need arises to increase the Plaintiff’s price for waste treatment work, H, F, and G around March 2010, the Plaintiff’s representative director H, F, and G were to G among KRW 520,00,000, which the Plaintiff delivered to F and G.