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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 624,64,556 as well as the full payment from June 30, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant and the Defendant concluded a contract for the construction of Boan Construction Co., Ltd. and Boan Construction Co., Ltd.: (a) from May 31, 2015 to March 31, 2017, the construction period of steel processing assembly works among the new construction works in Gwangju District B-B-based Housing Redevelopment C-based; and (b) from August 13, 2015 to December 31, 2016, the construction period of steel processing works among the new construction works in Ulsan District Co., Ltd. was determined as KRW 1,690,000,000.
B. On May 31, 2015, the Plaintiff and the Defendant concluded a contract with the Defendant to participate in construction (hereinafter “instant first contract”) with the Plaintiff to complete construction-related assembly works among the new construction works in Gwangju District B Housing Redevelopment C from May 31, 2015 to March 31, 2017, contract price 1,447,700,000 (including all the expenses to be borne by the employer according to employment, such as workers’ wage) (hereinafter “instant first contract”).
(2) On August 7, 2015, the Plaintiff concluded a contract with the Defendant to participate in construction with the effect that construction of steel-line assembly works from August 7, 2015 to March 31, 2017 (including all the expenses that the employer should bear according to employment, such as wages of workers, etc.) should be completed from August 7, 2015 to March 31, 2017.
(hereinafter “instant second contract”). The main contents of each of the instant contracts are as follows.
(1) The plaintiff is not a business operator separately registered, and the defendant directly concludes an employment contract with the plaintiff's employee, and the defendant entrusted the affairs concerning the social insurance and earned income tax for the worker belonging to the plaintiff.
② If the Plaintiff claims the Defendant, on the second day of each month, for the payment for completed portion calculated on the basis of the quantity, etc. of the work performed including labor cost, equipment cost, food expenses, etc. in the previous month, the Defendant shall accord to the Plaintiff according to the percentage of work.