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1. The Defendant (Counterclaim Plaintiff) paid KRW 38,952,156 to the Plaintiff (Counterclaim Defendant) and its amount from April 8, 2014 to January 18, 2017.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. 1) On July 25, 2012, the Plaintiff and the Defendant concluded a contract with the Plaintiff to enter into a contract with the Plaintiff for the effort repair and reconstruction construction of the A apartment (hereinafter “A apartment”) from the Plaintiff (hereinafter “instant construction contract”) for the construction cost of KRW 511,507,400 (excluding value-added tax separate) and the construction period from August 1, 2012 to November 20, 2012 (hereinafter “instant construction contract”).
(2) The Plaintiff paid the full amount of the construction cost stipulated in the instant construction contract to the Defendant.
B. (1) On October 29, 2012, the Plaintiff and the Defendant concluded the instant additional construction contract with the Plaintiff to enter into a contract with the Plaintiff for the payment of the construction cost at KRW 90,350,00 (value-added tax separate) (hereinafter “instant additional construction contract”).
A) The construction details stipulated in the above additional construction contract are as listed below. The construction amount of 15,00,000 No. 8,800,000 No. 15,000 No. 15,800,000 No. 19,000 No. 1,850,000 No. 1,850,000 No. 9,700 No. 1,700 No. 8,700 No. 19,700 No. 36,00 No. 36,000 No. 36,00 No. 350,00 No. 1,000 No. 90,000 No. 36,350,0002) was completed under the above additional construction contract, and the
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff's assertion 1) The defendant filed a claim for return of unjust enrichment had both the first external water (the first penalty) and the second external water (the second penalty) with respect to the exterior water (the second penalty) construction during the instant construction. However, the defendant was paid 102,980,000 won for the construction cost corresponding to the said construction work even if he did not execute the fine).
Therefore, the defendant is above.