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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff)’s counterclaim filed by this court are dismissed.
Reasons
1. The main text of the facts constituting the basis shall be deemed both a principal lawsuit and a counterclaim.
A. On September 3, 2015, the Defendant, a contractor, entered into a contract with the Plaintiff on September 3, 2015 with respect to civil engineering works and reinforced concrete framework construction works (hereinafter “instant construction”) among the construction works for new hotel construction in Gyeonggi-gu A and one parcel of land (hereinafter “B hotel construction”).
(hereinafter “instant construction contract”). The construction period: The contract amount: 310,200,000 won (value of KRW 282,00,000, value-added tax 28,200,000) from September 4, 2015 to November 20, 2015 - The payment of the contract amount of KRW 31,020,000 within seven days after the conclusion of the contract - The payment of the completed amount of KRW 31,020,000 is made at the end of each month and within 30 days from the date of receipt of the object.
B. On September 8, 2015, the Defendant paid the Plaintiff KRW 149,820,00 (including value-added tax) totaling KRW 149,820,000 (including value-added tax) on October 41, 2015, KRW 41,80,000 on October 8, 2015, and KRW 77,000 on November 16, 2015.
C. After the conclusion of the instant construction contract, the Plaintiff and the Defendant changed the completion date from November 20, 2015 to November 30, 2015.
On November 15, 2015, the Defendant paid 151,800,000 won to the Plaintiff in accordance with the completed construction period on three occasions, but the Plaintiff did not pay labor cost, material cost, etc. and caused enormous impediment to the progress of the field.
Therefore, the defendant should receive a written consent from the plaintiff for direct payment of the subcontract consideration in order to prevent the same situation from being rescheduled and to prevent any financial accident that may occur later.
As of November 15, 2015, the Plaintiff shall settle all labor costs, material costs, and other expenses incurred prior to the settlement, and report the details and results of the settlement to the Defendant and obtain approval from the Defendant.
The defendant shall pay the labor cost and material cost incurred after November 15, 2015 under the confirmation of the plaintiff.
If the progress of the plaintiff's work is under way, the defendant's advance and payment can be deducted from the base.
The plaintiff is sincere and active.