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1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 219,717,000.
Reasons
1. Facts of recognition;
A. On April 8, 2013, the Plaintiff and the Defendant concluded a contract with the Defendant to subcontract the construction cost of KRW 5,335,00,00 (including value-added tax) with the period of construction from April 8, 2013 to June 28, 2014, among the “Hanam-Si 345kV East Seoul-U.S.-U.S. T/L. T/L,” which the Plaintiff received from the Korea Land and Housing Corporation, for the construction cost of KRW 5,35,00,000 (including value-added tax). The said construction cost was reduced to KRW 3,56,30,000 (including value-added tax) through a modified contract made on September 27, 2013.
(hereinafter “instant subcontract”). (b)
The Defendant, while continuing the instant construction, suspended construction around December 2013, and the Plaintiff was not resumed despite the Plaintiff’s demand to perform the contract more than once, and the Plaintiff notified the Defendant of the termination of the contract on January 13, 2014.
C. Since then, the Plaintiff received a demand for direct payment from the transferor of claims in the separate sheet with respect to the Defendant in lieu of the unpaid amount, and received a total of KRW 570,857,000 from the transferor of claims in the separate sheet between January 13, 2014 and March 28, 2014 as stated in the separate sheet, and thereafter notified the Defendant of the transfer of claims at that time.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 85 (including branch numbers in the case of provisional number; hereinafter, including branch numbers), Gap evidence Nos. 88, Eul evidence Nos. 1, 2, 4, 9, and the purport of the whole pleadings
2. According to the facts of the judgment on the plaintiff's main claim, the defendant is liable to pay the plaintiff the total sum of KRW 570,857,000 to the plaintiff as the construction cost of the subcontract of this case, less KRW 93,30,000, and the remainder of KRW 477,557,000 among them, and KRW 372,00,000 among them, barring any special circumstances.