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1. The Defendant (Counterclaim Plaintiff) paid KRW 69,530,091 to the Plaintiff (Counterclaim Defendant) and its amount from July 4, 2015 to November 9, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed to be filed together.
1. Basic facts
A. On February 5, 2014, the Plaintiff and the Defendant concluded a contract for construction works that the Plaintiff would receive a contract from the Defendant by setting the contract amount of KRW 350,000,000 (excluding value-added tax) and the construction period of February 10, 2014 to May 31, 2014. On June 1, 2014, the Plaintiff and the Defendant concluded a contract for construction works to increase the contract amount to KRW 1,080,000 (excluding value-added tax) and to extend the construction period to July 31, 2014.
(hereinafter “instant construction contract”). B.
1) The Defendant lent 3% interest rate of KRW 170,000,000 to the Plaintiff on May 23, 2014 and the date of completion of the instant building. On August 13, 2014, the Defendant leased 10% interest rate of KRW 200,000,000 to the Plaintiff on August 13, 2014 and the date of completion of the instant building. 2) The Plaintiff and the Defendant agreed to set off the Plaintiff’s claim for the construction payment against the Defendant’s loan against the Plaintiff when the Plaintiff was unable to repay the loan by the completion date of the instant building at the time of the instant lease.
C. Upon completion of the instant construction project on October 23, 2014, the Plaintiff and the Defendant reached an agreement on the instant construction project with the content as indicated below, on November 25, 2014.
(hereinafter “Settlement Agreement”). The amount of 1,080,000 value-added tax of 36,525,600 additional construction cost of 30,000,000 additional construction cost of 30,525,600 additional construction cost of 1,146,525,600 shall be the owner’s deposit amount of 914,500,500 electricity rates of 1,500,000 50,000 (2) 916,050,050,000 water rates of 230,475,600 (i) interest rate of 9,00,000,000 interest rate of 3,000,000,000 interest rate of 20,000,0000,0000,0000, 300,300,010,300,010,000