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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. Around April 15, 2013, the Plaintiff entered into an initial contract for construction work with the Defendant, a contract for construction work that newly constructs a detached house A Dong and B Dong building (hereinafter “instant building”) on the land outside Gyeonggi-gu and five parcels, respectively, as the construction cost of KRW 220,000,000 (value-added tax separate).
At the time, the Defendant, the contractor, has affixed a seal on the first contract document (Evidence Nos. 1, 3 and No. 2 and 3 of A), but the Plaintiff, the contractor, did not affix a seal on this document.
B. 1) The original Defendant asserted that at the time of concluding the modified contract, the Plaintiff was the company from July 17, 2013 to August 17, 2013. On the other hand, the Defendant asserts that at the time of concluding the modified contract, the time of signing the contract would be August 31, 2013. Although the time of signing the contract is unclear on the record, it does not appear to have reached a conclusion on the issues of the instant case between either the time of signing the modified contract or between the parties. The original Defendant concluded a modified contract containing each increase in the construction cost of the A-dong building in KRW 270,00,000, and the construction cost of the B-dong building in KRW 265,00,000 ( separate value-added tax) respectively. 2) On the same date, the date of signing the contract for the modified contract (Evidence 2, 40 and No. 6, 7, hereinafter referred to as the “revision contract”) was written on its first date of signing the contract.
C. 1) On November 1, 2013, the Defendant prepared and submitted a tax invoice stating a claim for payment of KRW 120,000,000 (excluding value-added tax) to the Plaintiff with respect to road works and outside works constructed on the instant building site or its neighboring site. However, the Plaintiff refused payment. 2) Furthermore, the Defendant also refused payment of KRW 720,50,000 in total construction cost = KRW 270,000 in the Plaintiff’s building A-dong building + KRW 265,00,000 in the building B-dong building + additional construction.