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1. The Defendant (Counterclaim Plaintiff) paid KRW 15,750,677 to the Plaintiff (Counterclaim Defendant) and its related amount from March 10, 2017 to December 12, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The parties’ status and principal contract relationship 1) The Plaintiff is a stock company with the purpose of the soil construction business. The Defendant is a stock company with the purpose of the civil engineering and construction business. 2) The Defendant was awarded a contract from C Corporation for “the construction of new facilities for convenience in the two calendars and two calendars (26 tools)” (hereinafter “instant construction”).
B. On August 14, 2015, the Plaintiff and the Defendant’s subcontract agreement 1) and the Defendant drafted a subcontract agreement (hereinafter “influent and other appurtenant work subcontract agreement”) and the specific content thereof are as listed below:
1. The name of the prime contractor: The instant construction project;
2. Name of work type: Civil engineering work (top and other appurtenant work);
4. Period of construction: From June 8, 2015 to June 30, 2016;
5. Contract amount: 1,135,112,00 won: Value-added tax of KRW 1,031,920,000: 103,192,00 won.
6. Payment of the price;
(a)Advance payment: payment according to the rate of payment at which the order is placed;
(1) End payment: (1) On a monthly basis, the base date for payment within 25 days following the end of each month: Provided, That (2) the matters reported to the ordering authority (labor expenses) shall be 100% in cash: (3) payment method at the ordering authority; (1) the Plaintiff and the Defendant modified the construction period from August 14, 2015 to June 30, 2016; (1), the construction amount was 1,096,348,000 won (value 996,680, value-added tax 9,68,000; (2) payment method; (3) modification of the construction period from July 25, 2016 to 10,000 won; and (4) modification of the construction period from August 14, 2015 to 10, 2018; and (3) modification of the construction amount, respectively, to 2010,014.
(b).