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1. The Defendant (Counterclaim Plaintiff) paid KRW 36,181,400 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from July 4, 2018 to July 24, 2018.
Reasons
1. Basic facts
A. On May 16, 2016, the Plaintiff submitted a written estimate to the Defendant, regarding the extension of the building C on the ground of the East Sea (hereinafter “instant construction”) at the time of the East Sea (hereinafter “instant construction”). On May 27, 2016, the Plaintiff set the construction cost of KRW 232 million (including additional construction cost of KRW 25 million) and received a contract from the Defendant for the instant construction work.
B. On October 25, 2016, the Plaintiff and the Defendant settled the construction cost of aggregate, windows, and other additional works related to masts, other than design drawings, at KRW 22 million, and thereafter agreed to pay the construction cost of KRW 6.4 million to the Plaintiff and the Defendant, with the stone of the first floor, the second floor partitions, the multi-story ceiling ceiling, etc.
C. After the Plaintiff completed the instant construction, the Defendant obtained approval for the use of the extended portion on November 17, 2016, and completed registration for modification following the extension on November 25, 2016.
The Defendant directly paid the Plaintiff the total amount of KRW 190 million to the Plaintiff.
[Ground for Recognition: Facts without a partial dispute, Gap evidence 1, 2, 4, 7 (Partial number omitted, hereinafter the same shall apply)
(ii) each entry in Eul evidence Nos. 1, 3, 4, and 6, and the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff alleged by the parties (i.e., KRW 260,400,000,000 which was not paid (i.e., KRW 232,000,000,000) KRW 66,000,000 which was not paid (i.e., KRW 260,40,000,000) (i.e., KRW 194,4400,000) for the portion Defendant’s construction, plus KRW 2,1320,00 (the amount recognized as the Plaintiff’s list of the construction amount in the attached Form; the Plaintiff claimed the remainder after deducting the sum of KRW 33,795,00,00 from the direct payment of materials, etc.; however, it is difficult to view that the sum of additional construction costs was premised on KRW 5,121,000,000,000 from KRW 26,3795,000,00).