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1. The Plaintiff (Counterclaim Defendant) paid KRW 50,922,891 to the Defendant (Counterclaim Plaintiff) and its related amount from April 18, 2012 to September 3, 2014.
Reasons
1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;
A. On June 15, 2011, the Plaintiff concluded a construction contract with the Defendants for the artificial telecom (hereinafter “the instant construction contract”) (hereinafter “instant telecom”). The Plaintiff determined “300,000,000 won for construction work (excluding value-added tax), June 16, 2011, and August 27, 201 for completion.”
B. On November 15, 201, the Plaintiff completed the instant Mourian construction project under the instant construction contract (hereinafter “instant construction”). On the same day, the Plaintiff delivered the instant Mourian to the Defendants.
The construction cost that the Plaintiff received directly from the Defendants due to the instant construction work is KRW 355,50,000.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff asserts that the Defendants were liable to pay the remaining construction cost to the Plaintiff, since the Defendants did not pay part of the construction cost under the instant construction contract.
In light of the above facts, the plaintiff was already paid the construction cost under the construction contract of this case by the defendants. Thus, it is reasonable to view that the remaining construction cost under the construction contract of this case does not exist any longer, regardless of whether to recognize the additional construction cost as follows.
The plaintiff's above assertion is without merit.
B. The Plaintiff asserts that the Defendants are obligated to pay the additional construction cost to the Plaintiff, as the Defendants demanded design change and additional construction work with any content different from that stipulated in the instant construction contract.
In full view of the evidence No. 6, evidence No. 7-1 and No. 7-2, appraiser D’s appraisal result, and appraiser D’s appraisal result, the results of the fact inquiry conducted by this court on June 24, 2014, and the overall purport of the arguments, the instant construction is underway.