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1. The Plaintiff (Counterclaim Defendant) paid KRW 61,997,959 to the Defendant (Counterclaim Plaintiff) and its related amount from April 26, 2018 to October 24, 2018.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. (1) On November 27, 2014, C Co., Ltd. contracted to the Defendant on the instant subcontract for the instant construction project with the contract price of KRW 819,00,000 (excluding value-added tax), the construction period of “from November 27, 2014 to January 31, 2015” and “0.15%” and “0.15%” and “1%” on November 28, 2014. (2) On the Plaintiff on November 28, 2014, the Defendant set the contract price of “F (any construction works produced and supplied by the Defendant installed in the site of the power plant and completed the solar power plant; hereinafter “instant construction works”) at KRW 496,00,00 (excluding value-added tax)” and “from November 27, 2014 to January 31, 2015” and “from January 31, 2014.”
(3) On December 30, 2014, the Defendant paid KRW 146,00,000 to the Plaintiff as the advance payment of the instant construction work.
B. Although the Plaintiff commenced the instant construction, the construction was suspended several times against village residents, and the construction period was altered due to a serious opposition, and the Plaintiff was subject to a decision of acceptance by filing an application for temporary injunction against obstruction of construction against local residents, but the construction was not eventually carried out, and C Co., Ltd, the main contractor, decided to suspend the instant construction around January 2016.
C. The Plaintiff’s payment of the Plaintiff’s substitute payment related to a separate construction was ordered separately from the instant construction project to the Plaintiff. However, at the time, the Defendant ordered payment by means of deducting KRW 30 million from the subcontract price that the Plaintiff was directly paid by the said prime contractor on June 4, 2015 (hereinafter “instant substitute payment”). The payment was made by means of deducting KRW 30 million from the subcontract price that the Plaintiff was directly paid by the said prime contractor.
[Ground of recognition] Unsatisfy, A 1-3