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1. The Defendant (Counterclaim Plaintiff) paid KRW 65,173,110 to the Plaintiff (Counterclaim Defendant) and its related amount from November 2, 2013 to January 10, 2018.
Reasons
1. Evidence 【Evidence】1, A2, A3, A5, A6, A1, B-5-1 through 5, B-1 through 5, B-6-5, and C’s testimony and overall purport of pleading;
A. The Plaintiff is a person who runs a construction business under the trade name of “D,” and the Defendant is a person who runs a motor vehicle parts processing business under the trade name of “E.”
B. Around April 2013, the Plaintiff introduced 80 square meters of a factory construction work (hereinafter “instant factory construction work”) from C on the ground of the CF in Sung-si owned by the Defendant, and started the new construction work of a factory.
C. On May 29, 2013, the Plaintiff received construction cost of KRW 10 million under the name of E, and around that time commenced basic construction work for the construction of the instant factory. (2) The Plaintiff completed the construction work of the instant factory around October 2013, and the Defendant obtained approval for the use of the new building on November 1, 2013.
(1) On April 23, 2013, the Defendant received 70 million won in total from C’s G account, KRW 2 million in cash on April 30, 2013, KRW 30 million in G account on July 15, 2013, KRW 3 million in G account on August 8, 2013, KRW 60 million in the Plaintiff’s account on August 20, 2013, KRW 30 million in the Plaintiff’s name, and KRW 70 million in the name of G account on December 17, 2013, KRW 25 million in the aggregate, KRW 30 million in the name of G account on December 17, 2013, KRW 300,000 in the name of KRW 19 million in the name of G account on May 29, 2013, KRW 301.7 million in the name of Defendant 201.7 million in the name of G account on December 17, 2013.
E. The Plaintiff and the Defendant requested the Plaintiff to prepare a contract for construction works by obtaining bank loans. Accordingly, the Plaintiff and the Defendant around August 2013: (a) the construction cost of KRW 243,562,00; (b) the construction period from July 9, 2013 to September 25, 2013; (c) the construction cost of KRW 10/100; and (d) the delayed payment: every one day.