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1. The Defendant (Counterclaim Plaintiff) paid KRW 53,614,00 to the Plaintiff (Counterclaim Defendant) and its payment from December 20, 2014 to June 28, 2018.
Reasons
1. The summary of the case: (a) on July 19, 2013, the Plaintiff agreed to settle the design of D’s “D” pen (total floor area of 3.40 square meters) constructed on the ground of C’s land at Scasi, with the design cost of KRW 68 million (excluding value-added tax), but at the time of addition to the total floor area of KRW 200,000 per square year.
② On April 3, 2014, the Plaintiff urged the Defendant to pay the remainder of KRW 62,50,000 (=8,500,500,000,000,000,000 building area, and the aggregate of construction design cost of KRW 412,82,40,000,00,000,000,000,000 for advance payment.
③ immediately after the Defendant received demand as above, the construction was interrupted from the end of November 2013 to the end of February 2014 due to economic difficulties among the Plaintiff. For that reason, the part payment of the design price and the remainder are not paid. The construction design office at the time of performance of the construction work as an agent is also within the cost of design and the design modification work is also in the process of design modification work. A design modification is also subject to consultation with the Plaintiff, but it is difficult to request the Plaintiff to pay the design price at the local office. If a financial loan is extended after completion, the remainder will be paid in lump sum. The answer was sent to the Plaintiff.
④ On April 3, 2014, the Plaintiff sent to the Defendant a written estimate that the design price was reduced to KRW 4,8740,000 (excluding value-added tax) by deducting the amount of KRW 8.8 million at the E-dong parking lot size from the estimated price stated in paragraph (2) and KRW 4.96 million at the F-dong discount.
⑤ The Defendant affixed his seal to the said written estimate and sent to the Plaintiff a written cans.
(6) The Defendant completed the pention by modifying and modifying the design through G architect located at the dynas.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 3, and Eul evidence 1, 2, and 3.