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1. The Plaintiff (Counterclaim Defendant) pays KRW 895,438 to the Defendant (Counterclaim Plaintiff).
2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).
Reasons
1. The following facts do not conflict between the Parties:
Around September 2013, the Defendant entered into a contract for the establishment of a franchise store (hereinafter “instant construction”) with the Plaintiff, the representative of C, and the Seo-gu, Daejeon.
B. The Plaintiff completed the instant construction work around October 2013.
C. The Defendant paid the Plaintiff KRW 105,000,000 as the price for the instant construction work.
2. The parties' assertion
A. The Plaintiff’s assertion 1) around September 2013, as seen earlier by the Defendant and the instant construction cost of KRW 135,60,300,30, the Plaintiff asserted that the expected amount of construction cost of KRW 135,630,300 is KRW 135,60,300, while the Plaintiff asserted that the agreed construction cost of KRW 135,600,300 is KRW 135,60. After agreement with the Defendant, the Plaintiff paid KRW 5,378,950, out of the construction cost of the instant case. However, the Defendant paid KRW 105,211,350, the unpaid construction cost of KRW 25,211,350, KRW 1350, KRW 630, KRW 5,378,950, KRW 105,00, and delay damages therefrom to the Plaintiff.
B. Defendant’s assertion 1) At the time of concluding the instant construction contract with the Plaintiff, the Defendant agreed to pay the instant construction cost to the Plaintiff after the completion of construction. However, there was no agreement on the construction cost of this case as KRW 135,600,300. 2) On the other hand, the Defendant should return KRW 14,870,50 from the Plaintiff.
2. Determination as to the construction price of this case
A. As alleged by the Plaintiff, the key issue is whether the construction cost of this case was set at KRW 135,600,300 at the time of concluding the instant construction contract, or whether the Plaintiff set the construction cost of this case at the expense invested in the instant construction project as alleged by the Defendant.
B. The construction cost of this case is KRW 135,600,300.