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1. The Plaintiff (Counterclaim Defendant) paid KRW 56,159,200 to the Defendant (Counterclaim Plaintiff) and its payment from April 6, 2013 to September 27, 2013.
Reasons
1. Basic facts
A. On July 1, 2010, the member M&C Co., Ltd. (hereinafter “N&C”) and the L&A Construction Co., Ltd. (hereinafter “A&A”) jointly contracted for construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the construction work for the period from July 12, 2010 to December 30, 2012.
B. After that, on July 12, 2010, the construction cost of the instant construction was set at KRW 892,00,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from July 12, 2010 to December 30, 2012.
C. Meanwhile, on August 18, 2010, the Defendant re-subcontracted the instant construction work to the Plaintiff with the construction cost of KRW 458 million, and the construction period from August 18, 2010 to December 30, 2012.
After that, from November 1, 2011, the Defendant suspended the instant construction work, and accordingly, the subcontract between the members M&, A&A Construction and the Defendant was terminated on November 8, 201.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, Eul evidence 2 and 3 (including each number; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings
2. Determination:
A. The Plaintiff’s assertion 1) The Plaintiff, while undertaking the instant construction by sub-subcontracting the instant construction from the Defendant, invested KRW 115,307,854 in the cost of design change work, 79,186,386, and KRW 16,760,00 in the cost of site workers, and KRW 17,390,00 in the cost of site workers, and KRW 115,307,854 in the equipment cost. The Defendant’s assertion that the Plaintiff is obligated to pay the Plaintiff KRW 115,307,854 in the cost of the instant construction from April 3, 201. As of May 3, 2011, the period of the construction work of this case as of May 28.75, 200, the Plaintiff’s progress payment should be KRW 131,675,00 in the total construction cost, KRW 48,000 in the cost of the construction work x KRW 2758.7.5).