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1. The Defendant (Counterclaim Plaintiff) paid KRW 184,934,812 to the Plaintiff (Counterclaim Defendant) and its related amount from April 18, 2015 to September 30, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant, as the owner of Yangcheon-gu Seoul Metropolitan Government B large 331.2 square meters (hereinafter “instant land”), has run a real estate rental business with the trade name “C” from July 15, 2007.
On December 20, 2013, the Plaintiff and the instant land, concluded a construction contract to newly construct an urban-type residential house with a total size of 860.84 square meters (excluding a rooftop 1 floor) (hereinafter “instant building”) in the construction cost of KRW 1,450,00,000 (excluding value-added tax) (hereinafter “instant construction contract”) on the instant land, and entered into a new construction contract for the instant building that was conducted under the instant construction contract (hereinafter “instant construction project”).
B. On August 20, 2014, when the instant construction is in progress, the Plaintiff and the Defendant agreed on matters such as the settlement, etc. of construction price, and written an agreement (Evidence A7; hereinafter “instant agreement”). The details are as follows.
The following arrangements aim to eliminate unnecessary legal disputes between the owner of a building site for the new urban-type residential housing construction site B (Defendant) and the contractor (Plaintiff) on the basis of the contents that have occurred so far in order to reasonably settle the prices of construction works in the construction works, in order to ensure the reasonable settlement of the prices of construction works.
A - A - A - A - A - A - A - the owner (Defendant) shall complete the construction cost of the follow-up process (excluding value-added tax of KRW 725,00,000, value-added tax of KRW 80,000 and value-added tax of KRW 80,000) on the basis of the aggregate of the construction contract amount (excluding value-added tax of KRW 1,450,000, value-added tax of KRW 80,000) and the additional construction cost (excluding value-added tax of KRW 725,00,000) and the construction cost paid until August 20, 2014 (value-added tax of KRW 80,50,000)) after completion.
2. The owner of a building (the Defendant) shall be responsible for, and deal with, civil petitions filed in and around the site, and shall be subject to the construction project (Plaintiff).