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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,796,571,00 to the Plaintiff (Counterclaim Defendant) and KRW 1,481,342,00 among them.
Reasons
The following shall be deemed together with the principal lawsuit and the counterclaim.
1. Basic facts
A. 1) The Defendant, on August 1, 2005, announced a public announcement of tender on August 1, 2005, to select a large-scale tourism complex consisting of a district (A Section), D District (B Section), and E District (C Section), in order to create F on a scale tourism complex in Gangseo-gu, Gangseo-gun, Gangwon-do, Seoul. The Defendant, as the representative of the Plaintiff G Co., Ltd. (hereinafter referred to as “Plaintiff G”), has taken over the instant lawsuit as the representative of the Plaintiff G Co., Ltd. (hereinafter referred to as “Plaintiff G”), decided to participate in the bidding procedure as the joint venture with the representative of the Plaintiff Co., Ltd. (hereinafter referred to as “Plaintiff G”), and participated in the site preparation conference held by the Defendant on August 10, 2005, and distributed the bidding report to the participants, including the Plaintiffs.
3) The Plaintiffs participated in the tender conducted on November 9, 2005, and on December 12, 2005, the development project of the C District (A Section) among the development project of the said tourism complex on December 12, 2005 (hereinafter “instant project”).
(4) On January 29, 2007, the Plaintiffs were selected as the successful bidder of the instant construction project, following the deliberation of the shop design. On January 29, 2007, the Plaintiffs concluded a contract for the instant construction project (hereinafter “instant contract”) with the Defendant on December 31, 2008, setting the total contract amount of KRW 298,67,00,000 for the instant construction project, the contract amount of KRW 137,40,000,000 for each type of primary and secondary vehicles, and the total completion date of the contract as of December 31, 2008 and December 31, 2007, with each of the instant construction contracts (hereinafter “instant contract”). The Plaintiffs decided to enter into a contract for construction works (hereinafter “instant contract”).
5) The main contents of the tender guide, which forms the contents of the instant contract, are as follows, and the general terms and conditions of the construction contract (hereinafter “instant general terms”) are as follows.
(b).