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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,564,253 to the Plaintiff (Counterclaim Defendant) and its related amount from August 10, 2012 to February 12, 2015.
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. On February 2, 2012, the Plaintiff entered into a construction contract with the Defendant to newly construct neighborhood living facilities and detached houses buildings (hereinafter “instant building”) on the ground of the Ulsan-gu D land owned by the Defendant B, Ulsan-gu (hereinafter “instant construction contract”) with a construction cost of KRW 180,00,000.
According to the construction contract of this case, the Defendant shall pay the Plaintiff the construction cost by the completion of the building of this case.
In addition, the construction contract of this case has the following contents.
Part of Construction Works: Housing-phishing, shrucking, singing, refluoring, refluoring, singing, gas, water supply, electricity, first floor kitchen, gas singinging, floor-sing, floor-sing, wall-part tering, exposure, post-exping, lighting-basic lighting separately: Taxes and public charges, urban infrastructure contributions, attached strawing, air-conditioning, first floor household electric power, coffee, coffee, signboard, private carving, employment insurance separately.
B. The Plaintiff received a supply of the interior works of the instant building from the Defendant.
C. The completion of the instant building, composed of the first floor coffee, the second floor office, and the third floor, was completed on August 10, 2012, and the Plaintiff delivered the first and second floors among the instant buildings to the Defendant on the same day.
However, until January 8, 2013, the Plaintiff asserted that the Defendant did not pay the remainder of the construction cost for the third floor of the instant building until January 8, 2013, and exercised the lien.
The Defendant paid the Plaintiff KRW 5,00,000,000 on February 14, 2012, KRW 20,000 on March 9, 2012, KRW 5,000,000 on March 10, 2012, KRW 20,000 on March 20, 2012, KRW 5,000 on March 20, 2012, KRW 20,000 on March 21, 2012, KRW 20,000 on April 4, 2012, KRW 5,000,000 on April 5, 200, KRW 200 on April 18, 2012, KRW 630,00 on May 20, 2015; and KRW 630,000 on May 25, 2012; and
In addition, the Defendant: (a) KRW 5,00,000 on July 2, 2012; (b) KRW 10,000,000 on July 5, 2012; and (c) KRW 6,000,000 on July 7, 2012; and (d) KRW 5,400,00 on July 9, 2012; and (e) KRW 140,00 on July 9, 2012.