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1. The Defendant (Counterclaim Plaintiff) paid KRW 114,915,493 to the Plaintiff (Counterclaim Defendant) and its related amount from July 17, 2013 to November 3, 2016.
Reasons
1. Facts of recognition;
A. In accordance with the contract for construction works with the Defendant, the Plaintiff, who runs the interior construction business, performed D (hereinafter “instant construction work”) located in Jeju City from November 26, 2012 to March 2013, 2013 (hereinafter “instant childcare center”).
B. The child-care center of this case consists of two Dongs of the main building used as the church before the instant construction work (hereinafter “the main building”) and the first building used as the child-care center (hereinafter “the separate houses”).
C. From November 26, 2012 to June 9, 2014, the Defendant paid the Plaintiff KRW 220 million in total as indicated in the following table as the construction cost of the instant case to the Plaintiff.
The amount of KRW 50 million on November 26, 2012, KRW 2220 million on the aggregate of KRW 30 million on March 26, 2013, KRW 30,000,000,000 on March 26, 2013, KRW 40 million on May 30, 2013, KRW 520,000,000 on November 4, 2013, KRW 60,000 on June 9, 2014.
D. On February 28, 2013, with respect to the separate houses among the child-care centers of this case, the approval for each of the approval for use was made on March 8, 2013.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1, 2, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Plaintiff 1) When the Defendant first contracted the instant construction to the Plaintiff, the scope of the construction was limited to the main remodeling project and the main remodeling project and the construction project for the construction project for the main line, and the construction project for the main line rooftop housing was additionally contracted during the instant construction project and the Defendant agreed to pay the additional construction cost. (2) Ultimately, the instant construction cost is KRW 19,690,000,000, written estimate (Evidence 3-1 of Evidence A), written for the first time in relation to the remodeling project for the main line, and ② KRW 30 million (Evidence 3-2 of Evidence 3), ③ the construction cost for the construction project for the main line rooftop housing, and others.