1.(a)

The Plaintiff (Counterclaim Defendant) paid KRW 30,760,656 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from September 4, 2015 to January 8, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On December 23, 2014, the Plaintiff entered into a construction contract with the Defendant and “The Defendant shall construct a neighborhood living facility on the ground, which is owned by the Plaintiff, from December 16, 2014 to March 31, 2015 (hereinafter “instant land”). The Plaintiff shall pay KRW 220,00,000 (excluding value-added tax) to the Defendant.”

(hereinafter “instant contract”). The instant contract was concluded on January 12, 2015, and was concluded on January 12, 2015, and the amount of the original construction cost after deducting the repair cost at the time of termination is KRW 138,700,000 (excluding value-added tax).

The Plaintiff paid the Defendant the sum of KRW 111,837,318 (=the contract deposit of KRW 55,00,000 + the subrogated payment of the purchase cost of steel £« KRW 29,896,228 + the subrogated payment of the purchase cost of concrete 26,941,090).

The defendant occupies a building currently under construction.

[Ground] Facts without dispute, Gap's evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 40,732,682 won for the plaintiff's assertion of the purport of the whole argument, and 40,732,682 won for the plaintiff's assertion of the parties concerned (i.e., value-added tax + 13,870,000 won for already paid construction cost + 111,837,318 won for industrial accident insurance premiums and employment insurance premium subrogation). Here, the defendant is obligated to provide the plaintiff with the tax invoice Nos. 2,773,898, 200, 300, 408, 178,90, 509, 409, 500, 1304, 406, 204, 204, 304, 2047, 204, 2007, 304, 2007.

The defendant's assertion of the remainder of construction work amount of KRW 32,546,413 = 138,700,000 for already paid construction work amount.