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1. The Plaintiff (Counterclaim Defendant) paid KRW 99,484,931 to the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2015 to August 19, 2015.
Reasons
1. Basic facts
A. On July 19, 2012, the Defendant: (a) subcontracted to the Busan Gangseo-gu General Construction Corporation (hereinafter “Shoho Lake”); (b) the construction of the new construction of the new construction of the Gangseo-gu Busan Metropolitan Government C (hereinafter “instant new construction”); (c) the construction of a re-subcontract for re-subcontracting re-subcontracting (hereinafter “the instant sub-subcontract”) by mixing cement papers directly with cement papers on a small day; (d) inserting re-subcontract by inserting H-Pe; and (e) inserting re-subcontracting the instant subcontracted to the Plaintiff at KRW 667,70,00 (including value-added tax).
B. From among the re-subcontracts of this case, the SCW Corporation (hereinafter “SCW Corporation”) performed construction works such as installation and cancellation of the Gaddrid, ceiling engineering, smuggling injection, H-PLE insertion and connection, installation and dismantling of a silo, and transportation of machinery and apparatus, etc., and the Defendant determined the construction amount as KRW 55,000,000 (including value-added tax) by supporting materials and water and pokes.
C. The Plaintiff completed the instant re-subcontract project on October 20, 2012 and delivered it to the Defendant.
Meanwhile, the Plaintiff received KRW 31,00,000,000 in total, from the Defendant, for the re-subcontract construction cost of this case on July 19, 2012, and KRW 10,000 on August 23, 2012, and KRW 5,000,000 on September 8, 2012, and KRW 10,000,000 on September 28, 2012, and KRW 31,000,000 on November 7, 2012.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4 (including paper numbers), the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff’s assertion (1) The amount of the re-subcontracted construction of this case is KRW 165,00,000 [including value-added tax] 110,000 (including value-added tax) for ground improvement construction work, and the amount of the construction work paid by the Defendant is KRW 31,00,000,000.