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1. In the judgment of the court of first instance, the part against the counterclaim defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. Design service contract 1) On September 17, 2007, the Defendant is the Housing Infrastructure Agency of Libya on the basis of Libya on September 17, 2007 (hereinafter “Housing Infrastructure Agency”) or HIB.
(2) On November 25, 2008, the Plaintiff entered into a design and construction contract (Libya Triland 5,000 Housling & Inc.) with the Defendant, and the Defendant was paid 551,230,000 LYD (1,000 won in Korean won per 1LYD) with the price for design and construction of residential facilities and public facilities, and at the same time, determined 13,780,750 LYD with the amount of 2.5% of the price at the time. (2) On November 25, 2008, the Plaintiff entered into a design and construction contract with the Defendant’s subsidiaries, 5,000 households (4,000 local household units, 10,000 local household units, 100,000,000 local household units, and 18,000,000 won in the instant housing and public facilities area.
On February 26, 2009, the defendant succeeded to the rights and duties under the design service contract of this case from the New Han-Sa Forum, Inc.
(C) The main contents of the design service contract of this case are as shown in the annexed sheet, and the contract amount by design portion executed by the Plaintiff are as listed in the following table. The contract amount by construction area and the relevant household unit ratio (per unit: 4,000 units: 50.86,000 units per unit: 6,001,952,00 units per unit) and the relevant contract amount (per unit: 300,098,000 units 2nd 800 units per 2.17,200 units, 390,390,000 small 63.587,50,402,400, 402, 400, 400 units per unit and per unit, 13, 100, 2000 units per unit and per unit, 208 units per unit and per unit, 30,000 units per unit, 208 units per unit and per unit, 2014, 2008 units
B. The Defendant received the amount equivalent to 12.5% of the price as advance payment under the design and construction contract from the ordering entity. 2)