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1. The Plaintiff (Counterclaim Defendant) paid KRW 81,850,000 to the Defendant (Counterclaim Plaintiff) and against this, from December 28, 2012 to December 17, 2014.
Reasons
1. Basic facts
A. On May 3, 2012, the Plaintiff was awarded a contract with the Defendant for the Construction of the Busan-gun Cta (hereinafter “instant Construction”) with the following content:
(hereinafter referred to as “instant contract”). The date of commencement: The scheduled date of completion of May 10, 2012: 3,630,000,000 won (including value-added tax; hereinafter the same shall apply): the advance payment of KRW 363,00,000: 10,000: 0.1%
B. The Plaintiff filed a commencement report on June 15, 2012. From June 18, 2012, the instant work commenced at the instant construction site. As the Defendant filed an objection to the length of the PHC file, the instant work was suspended until August 20, 2012. As such, the said file delivery work was completed around September 2012.
C. Meanwhile, the Plaintiff commenced the civil engineering work among the instant construction works, on the ground that the ground of the ground of the adjacent Dwork building at the instant construction site is insufficient, and thus, the Plaintiff saw that the method of excavating soil on the design of the instant construction works is a construction method that sets up soil walls with H-Ptile and sets up soil walls with H-Ptile to create earth walls at a certain depth during the ground, and added them with H-Ptile, which is the most general method of installing earth walls. However, the method of excavating the C.I.P construction method at the time of construction at the instant construction site, such as R. B or Aug Screw, etc. (generally 400 to 500 meters) and required the Defendant to discharge earth and sand on the design of the instant construction, and then added them into a new construction method and then added them into a new construction method to a new construction method, and then made a change into a new construction method by inserting or removing them into a new shape by using a new construction method.
On July 4, 2012, the defendant confirmed that "the part that changed earth and sand facilities to C.I.P" was requested by experts and decided after review.