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1. A plaintiff (Counterclaim defendant) who ordered payment to the plaintiff (Counterclaim defendant) in excess of the following money in the judgment of the court of first instance:
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 2, 3, and 4 (including the whole number, if any) and Eul evidence Nos. 4 through 7:
On July 3, 2010, the Plaintiff entered into a contract with the Defendant to supply and demand a new construction work for the Cheongdo-gun C ground reduction factory (hereinafter “instant factory”). On July 3, 2010, the Plaintiff issued a written estimate (Evidence No. 4, No. 6, and hereinafter “instant quotation”) stating that the construction cost is KRW 142,394,60, to the Defendant.
B. The Plaintiff and the Defendant agreed to add a new construction work of housing (hereinafter “instant housing”) to the adjacent to the instant factory while carrying out the new construction work of the instant factory.
(hereinafter referred to as the “instant construction” in combination with the instant factory and new housing construction works.
The Plaintiff completed the instant construction on January 201, and delivered the instant factory and house to the Defendant, and the Defendant completed the registration of ownership preservation on February 11, 201.
The Defendant paid KRW 106,00,000 to the Plaintiff out of the construction cost of the instant case.
2. Judgment on the main claim (excluding the defendant's counterclaim for offset)
A. On July 2010, the Plaintiff’s assertion 1 Plaintiff presented the instant quotation to the Defendant, stating that “In the case of interior works, the equipment, such as electricity, etc. entered according to which the Defendant used the machinery, should be paid again after selecting the machinery, and the Defendant also consented thereto.”
When the Defendant selected the machinery to be used in the factory during the process of the construction of the factory in this case, the Plaintiff granted an estimate of electric installations and storage units, boundary rocks, and sirens construction.