Plaintiff (Counterclaim Defendant) from October 1, 2020 to Defendant (Counterclaim Plaintiff) KRW 18,450,50 and KRW 4,625,50 among them.

Basic Facts

[Ground for recognition: A without dispute; Gap evidence Nos. 1, 2, 3, 5; Eul evidence and video Nos. 1 through 26, 38 through 43, 47 through 50 (including each number; hereinafter the same shall apply); the appraiser C’s appraisal result; the result of this court’s factual inquiry into appraiser C; the whole purport of the pleadings; and the whole purport of the pleadings of the pleadings was delegated by the defendant, on April 5, 2016, with respect to the construction of factories, authorization and permission, civil engineering works, etc. as to the land in question owned by D from the D Special Metropolitan City D Co., Ltd. (hereinafter “D”).

On May 2, 2016, the Defendant entered into a contract with the Plaintiff and the instant land for civil engineering works to create a new site for factory construction (hereinafter “instant construction works”) with the construction period from May 2, 2016 to August 2016, setting the price of KRW 300 million separate from the value-added tax, and the payment rate of KRW 1/1000 as the delayed reward rate (hereinafter “first contract”). D guaranteed the Defendant’s debt, the contractor.

E Forest GF cemetery land use and damage prevention plan (forest 1) from around that time, the Plaintiff’s land use and damage prevention plan (forest 1) also is the first design plan for the instant construction project at the time of the first contract with the said land use and damage prevention plan (Evidence B No. 39). There is no dispute between the parties.

Based on this, banking and retaining wall construction, etc. was commenced from the land of this case.

D When the construction cannot be carried out due to the early financing crisis in 2017, the Defendant purchased the instant land from D on April 2017, and entered into a contract with the Plaintiff on October 26, 2017 to contract the instant construction amounting to KRW 395 million (hereinafter “the second contract”).

From May 2016 to November 201, 2017, the Plaintiff built a retaining wall on the part of “the Plaintiff’s construction” of the following [Attachment 2], and completed all embankinging works on the instant land, but suspended the remainder of the construction works.

From March 2018 to January 31, 2019, the Defendant’s portion of “Defendant’s construction” in the following [Attachment 2].