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1. The Defendant (Counterclaim Plaintiff) paid KRW 10,705,114 to the Plaintiff (Counterclaim Defendant) and its related amount from April 6, 2016 to January 29, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
A. From around 2014 to 2015, the Plaintiff was performing the construction of a new house on the D ground of Gangwon-gun, Gangwon-do.
C The construction was suspended while part of the new construction works, such as the civil construction and the structural construction.
B. On July 16, 2015, the Plaintiff entered into a construction contract with the Defendant, who is engaged in the construction business, etc. under the trade name of E, with the content that the Defendant would perform the instant construction work for the completion of the said new construction work (hereinafter collectively referred to as “instant construction work”), and that the Defendant would receive KRW 200,000,000 as the construction cost (hereinafter “instant construction contract”).
C. On July 17, 2015, the Plaintiff paid the Defendant KRW 184,00,000,000 as construction cost with respect to the instant construction contract, plus KRW 184,00,000 as a total of KRW 50,000,00 on July 28, 2015, and KRW 30,000 on August 10, 2015, and KRW 10,300,000 on August 11, 2015, and KRW 40,000 on August 20, 2015, and KRW 184,70,000,000 on September 3, 2015, + KRW 50,000,000 + KRW 300,000,000 on August 30, 200, 3000, 3000; and
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 (including the main number; hereinafter the same shall apply), and the purport of the argument of the parties to the whole argument, the defendant did not perform part of the construction works to be performed according to the quotation and detailed estimate of the construction contract of this case. Unlike as provided in the quotation and detailed estimate, the defendant arbitrarily changed the construction work and performed the construction work at will, as if it did not comply with the contents of the quotation and detailed estimate, requested the plaintiff to pay the construction cost in excess of the construction cost, and completed defective construction works while performing the construction work of this case.