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1. The Plaintiff (Counterclaim Defendant) paid KRW 84,841,569 to the Defendant (Counterclaim Plaintiff) and its related amount from September 8, 2015 to December 23, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. (1) On July 16, 2013, the Plaintiff awarded a contract to the Defendant for the construction work of the construction work of the construction work of the construction work of the first phase of the dispatch of the first phase (hereinafter “instant construction work”) on the ground of the 314-2 and two parcels of land (hereinafter “instant site”) (including value-added tax), 12,810,727,40 won (hereinafter “instant contract”), and the main contents of the contract are as follows.
Standard contract agreement for private construction works.
1. Name of construction: New construction of a main complex in charge of arranging the actual results;
2. The construction site: 314-2 and two parcels, each of which is arranged for the actual course of Kimhae-si;
3. Date of commencement: The date of completion on August 15, 2013: The contract price on April 30, 2015: 12,810,727,400 won: Payment in accordance with the attached Table.
The attached Table shall be attached Table.
1.As soon as the date of commencement, approval for sale shall be obtained and if the sale rate is less than 30 per cent, 30 per cent of the sale price and 50 per cent of the loan of a financial institution shall be paid and the remainder 20 per cent shall be paid after
2. An advance shall be paid 100,000 won.
3. The construction cost is KRW 3,400,000 per square year (the construction cost of KRW 3,300,000, the duty-free purchase tax of KRW 100,000, the duty-free purchase tax of KRW 100,00, the value-added tax for the commercial buildings and officetels).
4. The parcelling-out agency shall be selected later.
5. The ordering person and the City Mayor shall jointly manage the selling price and the sales price;
6. The trial corporation shall actively cooperate with and jointly assume the responsibility for sale in lots.
(2) On July 23, 2013, the Plaintiff paid advance payment of KRW 100,000 to the Defendant.
B. On October 21, 2013, the Defendant obtained a construction permit under the name of the Plaintiff for the instant construction work from the Kimhae market.
(2) On December 3, 2013, the Defendant submitted the starting period for the instant construction to the head of the construction office, a design supervision company designated by the Plaintiff (hereinafter “architectural Corporation”). The nature of the construction office was submitted to the head of the relevant Kim Sea City Mayor, and around December 10, 2013.