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1. The Defendant (Counterclaim Plaintiff) paid KRW 8,976,00 to the Plaintiff (Counterclaim Defendant) for KRW 8,976,00 and its amount from October 1, 2017 to September 24, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be combined.
Basic Facts
A. On February 2017, the Plaintiff was engaged in the manufacturing business with the Defendant’s trade name “D” in the Si of Jung-Eup, Jung-do, the Plaintiff was responsible for the construction of the E-Ground E (hereinafter “instant housing”) from the Defendant, and the Defendant was responsible for the construction of the instant housing.
B. The Defendant completed registration of initial ownership of the instant house on August 22, 2017.
C. From February 27, 2017 to September 30, 2017, the Defendant paid to the Plaintiff KRW 95 million as construction cost of the instant housing.
The Plaintiff’s husband F, upon the Defendant’s request, demanded payment of KRW 125,50,000,000,000,000 to the Plaintiff, excluding the construction cost of KRW 95,500,000,000 that the Defendant paid to the Plaintiff up to the time, on the ground that the construction cost of KRW 85,00,000,00 was increased due to the Defendant’s change in the design and construction of the instant house into the brick, and the Defendant demanded payment of KRW 30,50,000,000,000,000,000 to the Plaintiff based on the proof of the content on December 6, 2018, although the construction cost of the instant house was initially KRW 75,00,00,000,00,000,000,00,000,000,00,00,000,00.
E. Meanwhile, while filing the instant lawsuit, the Plaintiff stated in the written complaint that the instant house with the construction cost of KRW 75 million was changed into the brick, and entered into the first construction contract for the construction project of KRW 85 million in total orally. In submitting the written response to the Defendant, the Plaintiff was to newly construct the instant house in the period of KRW 75 million, but the panel of the interior wall was changed into the brick structure due to soundproofs etc., and the construction contract was made orally with the amount of KRW 85 million including the multi-use room.