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1. The Plaintiff (Counterclaim Defendant) paid KRW 61,324,276 to the Defendant (Counterclaim Plaintiff) and its related amount from April 11, 2018 to June 20, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 6, 2015, the Plaintiff drafted, from the Defendant, a written contract (including evidence No. 1-1, hereinafter “instant contract”) under which the construction cost of the automobile maintenance plant (hereinafter “instant building”) was KRW 1,287,00,000 (including value-added tax) and the construction cost was KRW 990,00,000 (including value-added tax; hereinafter “the instant contract”).
B. The instant construction project was changed from December 31, 2015 to January 31, 2016, and again from January 31, 2016 to March 10, 2016, respectively. The Plaintiff completed the instant construction project and delivered it to the Defendant around March 10, 2016. The Defendant obtained approval for the use of the instant building on or around March 25, 2016.
C. The Plaintiff received a total of KRW 940 million from the Defendant as the construction price of the instant construction project.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Eul evidence 1-1, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff and the Defendant prepared the instant contract No. 1 based on the estimate offered by the Defendant. The Defendant, among the instant construction works, requested a separate company (C) to prepare a separate contract for the remainder of the construction works except for the title construction works, and again prepared the instant contract No. 2. However, as long as the Plaintiff paid the cost of the title construction to C awarded a contract for the title construction works from the Defendant, the construction cost of the instant construction works shall be recognized as KRW 1,287,00,00 as stated in the instant contract No. 1, and the Defendant is obligated to pay the Plaintiff KRW 1,287,00,000,000, as stated in the instant contract No. 1. 2).