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1. The Plaintiff (Counterclaim Defendant) paid KRW 223,095,492 to the Defendant (Counterclaim Plaintiff) and its related amount from July 1, 2012 to April 2, 2015.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. The plaintiff is the representative who is operating B Busan Support, and the defendant is the company that aims at electricity, fire fighting, and communications work.
B. On October 18, 2007, the Plaintiff entered into a contract between the Plaintiff and the Defendant for the new construction of the B Busan support building (hereinafter “instant construction”), setting the contract amount of KRW 423,50,000 (including value-added tax; hereinafter the same shall apply) and the B Busan support fire fighting construction contract (attached Table 2) as the contract amount of KRW 195,80,000 and the respective construction period from October 18, 2007 to October 30, 2008.
The Plaintiff delegated the overall supervision of the instant construction work to C, and the Defendant commenced the said construction work in accordance with C’s instruction and supervision.
C. After the conclusion of the additional construction contract between the Plaintiff and the Defendant, the Plaintiff entered into an additional contract with the Defendant for sound and outdoor fire-fighting work (attached Table 3) in addition to KRW 71,50,000 of the contract amount.
In addition, upon the request of the Plaintiff to the Defendant for additional construction works, the Plaintiff and the Defendant concluded the additional construction works in the column of “the contract amount” as stated in the attached Table Nos. 4 through 7, and 9 through 13 in the method of confirming the details of the contract and signing the said contract specifications or estimates.
The plaintiff paid a total of KRW 1,195,00,000 as stated in the attached Form No. 1,195,000,000 according to the defendant's claim for the payment of the plaintiff's progress payment.
E. Around June 2012, the Defendant’s discontinuance of construction ceased the instant construction on the ground that the Plaintiff did not pay the construction cost, and thereafter, the Plaintiff entered into a subsequent contract with IM Telecom Co., Ltd., Jeju E&C, and D and entered into the instant construction.