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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 13,197,360 as well as the full payment from February 6, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On May 20, 2017, the Plaintiff, who runs a construction business, etc. under the trade name of “C”, entered into a contract with the Plaintiff that newly constructs a low temperature storage shop, etc. (hereinafter “instant construction”) as follows.
Contract name of construction project: Low temperature storage room (100 square meters, 30 square meters), ship division (168 square meters, 50 square meters): Period of supply of new construction works (including additional taxes): From May 20, 2017 to October 30, 2017: the fact that there is no dispute over the amount of KRW 124,500,000 (applicable for recognition)
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff asserted that: (a) around May 2017, the Plaintiff was at low temperature storage while performing the instant construction work; and (b) a line and a funeral construction work (hereinafter “instant subcontracted construction work”).
A) The construction cost of KRW 54,00,000 and the construction period of KRW 56,00 were subcontracted as of October 15, 2017. The Plaintiff paid KRW 66,091,360 upon the Defendant’s demand for direct payment of the subcontract price during the construction process, and the Defendant suspended the construction without completing the subcontracted project, and accordingly, the Plaintiff was additionally required to pay KRW 1,70,000 to the Plaintiff for expenses incurred in the subcontracted project (i.e., KRW 67,791,360 (= KRW 66,091,360), which deducted KRW 54,00,000 from the cost of the subcontracted project (i.e., KRW 66,791,360, KRW 1,700,000).
The Defendant, on behalf of the Plaintiff, sought daily workers upon the F’s request to rescue daily workers from the F managing the instant construction work, and worked as daily workers at the instant construction site and at the G parking lot, which is another construction site of the Plaintiff, and provided one ton truck of the Defendant.
Therefore, the Plaintiff.