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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The Defendant (Counterclaim Plaintiff) filed in this Court against the Plaintiff.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On May 10, 2016, the Defendant: (a) was a superior city from Shee Construction Co., Ltd. (hereinafter “Shee Construction”) (hereinafter “Shee Construction”).
C. Among the new construction of D block, landscaping construction (hereinafter “instant construction”) was awarded a contract for the contract amount of KRW 118,800,000, and the contract period from May 10, 2016 to June 22, 2016. The contract period on June 22, 2016 extended to July 13, 2016.
B. The Defendant subcontracted the instant construction to the Plaintiff (However, the Defendant did not prepare the contract), and the Plaintiff completed the instant construction.
C. As indicated below, the Plaintiff issued a tax invoice to the Defendant, and the Defendant paid the construction price to the Plaintiff.
The construction cost paid on June 30, 2016. 16,50,000,00 on July 16, 2016. 30,02,502,500 on August 31, 2016; 30,022,02,50 on September 3, 30, 2016; 15,000,000 on October 15, 200 on October 25, 2016; 15,00,000 on KRW 37,00,000,000 on December 29, 2016; and
D. On November 15, 2016, the Defendant’s intra-company director E sent text messages to F, a director of the Plaintiff’s intra-company, and asked F to wait for the settlement of construction price. The F responded to the issuance of a tax invoice.
F sent text messages to E on November 29, 2016 and on November 30, 2016, however, E urged to pay the construction cost, but E did not give any particular reply to this demand. On December 29, 2016, F sent text messages to sending KRW 20 million because there is insufficient money to meet the settlement capital.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above findings of the determination on the principal lawsuit, the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 17 million due to the subcontract (i.e., the issue amount of tax invoice 98,522,500 - the paid construction cost of KRW 81,52,500) and the objection thereto.