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1. The Plaintiff (Counterclaim Defendant) paid KRW 18,023,00 to the Defendant (Counterclaim Plaintiff) and against this, from April 17, 2018 to May 31, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is a general construction company with the purpose of supplying residential and non-residential buildings. The defendant is an incorporated foundation that owns and manages all churches belonging to D religious organizations and buildings necessary for their businesses in D religious organizations, and D religious organization C church (hereinafter "C church") is a church located in Seocho-gu Seoul Metropolitan Government and is one of the churches belonging to the defendant.
[Inasmuch as there is no dispute between the parties as to the validity of the legal act on the church building, which was done in the name of the C church under the defendant's control, it does not distinguish between the C church and the defendant in describing the legal act or the right and duty relation on the building of the C church, and "the defendant side"]
B. On July 19, 2016, the Defendant concluded a contract for construction works (hereinafter referred to as “instant contract”) with the Plaintiff with the terms and conditions of the Cridge remodeling project (the roof repair, water leakage, painting, repair, and others) from July 26, 2016 to September 10, 2016, “the construction period: from July 26, 2016 to September 10, 2016”; “the contract amount: 329,80,000 won (including value-added tax)”; “the terms and conditions for the payment of the contract amount: 40%: cash settlement; 20% when the intermediate payment proceeds; 20% after the process 60%; 20% after the completion of the construction work; “the deposit: 10% after the completion of construction work”; and “the period of warranty liability: three years after the completion of construction work”.
The contract of the instant contract is accompanied by “the terms and conditions of the contract for construction work” which include the following (i.e., “A” and “B” refer to the Plaintiff) and “construction cost calculation statement” regarding construction cost of KRW 329,981,300, including value added tax.
Article 6 (Suspension. 1) A of the Construction Works (Suspension. 1) in accordance with the specifications attached to Article 3 (Scope of Construction Works) shall be undertaken differently from the details of the first contract, or shall require temporary suspension at the time of any change or addition.