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1. On October 1, 2018, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid KRW 205,401,00 to the Plaintiff (Counterclaim Defendant) and KRW 110,892,00 among them.
Reasons
1. Basic facts ( common to principal lawsuit and counterclaim);
A. The instant prime contract and the instant contract 1) The Plaintiff signed the instant prime contract on January 30, 2018, and the F Co., Ltd., Ltd. (hereinafter “F”) with the person placing an order for the construction of Eable Multi-Family Housing.
3) As to the part of the said new construction project, the part of the said new construction project was subcontracted to the Corporation (hereinafter “instant original contract”).
(2) On March 15, 2018, the Plaintiff subcontracted the part of earth and sand transport to the Defendant, among the part of earth and sand construction, and prepared a soil and stone transport contract with the Defendant.
(A) Nos. 1 and 2, hereinafter referred to as the “instant contract,” and the contract entered into by the said contract shall be referred to as the “instant contract.” The main contents are as follows:
- The plaintiff shall pay 20,000 won per transport vehicle when the defendant ships earth and sand.
- The defendant shall pay to the plaintiff 65,000 won per transport vehicle when taking out grance cancer at the construction site, and 40,000 won per transport vehicle when taking out grance cancer at the construction site.
- If the Defendant fails to smoothly perform the construction works, the Plaintiff may exercise due care when it has violated the contract once and terminate the contract when it has violated the contract twice, and the Defendant is deemed to have waived the existing construction costs without raising any objection thereto.
B. Preparation 1 of each of the instant letters states that the Defendant failed to timely perform the duties of removing earth and stones and thereby causing trouble to the Plaintiff’s work, and on May 31, 2018, the Plaintiff sent a certificate of demand to the Defendant for the removal of earth and stones. 2) Accordingly, on June 1, 2018, the Defendant prepared and submitted the following “construction performance and renunciation of the removal of earth and stones,” stating that “I would waive the removal of earth and stones without any objection if I would not properly perform the duties of removing earth and stones.”
(A) Evidence No. 6, hereinafter referred to as “each of the instant notes”). - The Defendant will take out the rocks and earth and sand of the daily amount of 2,500 cubic meters (25.5 metric tons) from June 1, 2018.
- The defendant has already been.