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1. The Defendant’s KRW 216,204,567 as well as the Plaintiff’s KRW 5% per annum from November 28, 2017 to April 4, 2018, and the following.
Reasons
1. Basic facts
A. The Plaintiff completed business registration from July 20, 2010 to Ulsan-gun B with the trade name “C” and is engaged in construction business, and the Defendant is a company established for the purpose of building construction business, engineering work business, etc.
B. The Plaintiff was awarded a subcontract for the construction as indicated below by the Defendant
(1) The construction work described in the table Nos. 1 and 50% of the construction cost (value added tax) between August 21, 2015 and January 31, 2016 shall be paid in cash, while the remainder 50% of the construction cost of multi-family housing shall be paid as substitute for multi-family housing.
2. From among construction works for multi-family housing in Ulsan-gun, E-family housing, and construction works for business facilities, 50% of the construction cost of KRW 173,50,000 (excluding value-added tax) of the reinforced concrete construction works in cash and the remainder 50% of the construction cost of multi-family housing shall be paid to one household of multi-family housing in lieu of property, among three Ulsan-gu F apartment construction works that do not have any value-added tax (excluding value-added tax) on July 1, 2016 from July 1, 2016 to October 31, 2016.
C. The Plaintiff completed all of the construction works under each of the above construction contracts.
Accordingly, between December 4, 2015 and March 7, 2016, the Defendant paid the Plaintiff KRW 120,163,833 (i.e., KRW 160,820,350 (i.e., KRW 160,820,350 that the Defendant paid to the Plaintiff - KRW 40,656,517 that the Plaintiff returned to the Defendant), and paid KRW 75,500,000 as the construction cost related to the instant E-project between September 13, 2016 and March 9, 2017.
In addition, on January 26, 2017, the Defendant traded G designated by the Plaintiff on the same day with respect to “Slsanbuk-gu H Building No. 402 of the fourth floor.”