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1. The Defendant (Counterclaim Plaintiff) paid KRW 399,490,000 to the Plaintiff (Counterclaim Defendant) and its amount from May 22, 2015 to August 17, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 7, 2014, the Defendant concluded a contract with the Plaintiff by setting the construction cost of KRW 649,00,000 and the construction period from June 9, 2014 to November 8, 2014, with respect to the construction work that newly constructs “C detached housing (hereinafter “instant detached housing”) on the land outside B and five parcels owned by the Defendant (hereinafter “instant construction work”).
The construction cost of KRW 49,110,000 was additionally incurred due to the additional construction and electric installation works, etc. during the construction of the instant construction works.
C. Around December 2014, the Plaintiff completed the instant construction work. The Defendant paid KRW 298,620,000 in total to the Plaintiff’s account on September 5, 2014, and KRW 4,000,000 on September 6, 2014, KRW 253,620,000 on September 17, 2014, and KRW 5,000,00 on October 10, 2014, and paid KRW 6,00,00 in cash to the Plaintiff on September 5, 2014.
On December 29, 2014, the Plaintiff prepared a “written request for payment of construction cost” (hereinafter “instant payment request”) with the Defendant for the settlement of the unpaid construction cost related to the instant construction project, as follows:
공사대금 지불각서 ◎ 공사명 : 이 사건 공사 ◎ 소재지 : 거제시 B 외 5필지 ◎ 공사금액(최초계약금) : 649,000,000원(부가세 포함) ◎ 공사금액(단지외추가공사) : 42,900,000원(부가세 포함) ◎ 공사금액(전기설치및대불금) : 6,210,000원 ◎ 공사금액(전체합계) : 698,110,000원 ◎ 공사금액(지급금액) : 298,620,000원 ◎ 공사금액(미지급잔액) : 399,490,000원 내 용 공사완료 확인서와 같이 공사완료 하였으며, 미지급 잔액인 399,490,000원을 다음과 같이 도급인은 수급인에게 지불할 것을 정히 각서한다.
Next (Methods and timing of payment)
1. Of the above-mentioned balance 399,490,000 won, approximately KRW 120,000,000, which is funds for urgent measures at the site, such as equipment, materials, and personnel inputs in the process of completing the construction of the current site, shall be the top priority until January 15, 2015.