공사대금 등
1. The Plaintiff (Counter-Defendant) is against the Defendant (Counterclaim Plaintiff)’s Telecommunications International Person Co., Ltd. KRW 28,091,716 and this.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 12, 2014, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with Defendant Telecommunications International Co., Ltd. (hereinafter “Defendant Telecommunications International”). On November 12, 2014, the Plaintiff concluded a construction contract with the Plaintiff to have the first floor of the building located in Gangnam-gu 152-ro 152-ro 21, Seoul, Seoul for the construction period of construction work (hereinafter “instant construction”). From November 17, 2014 to January 20, 2015, the construction cost was KRW 714,780,000 (i.e., supply price of KRW 649,80,000,000 value-added tax of KRW 64,980,000,000).
The Plaintiff started the instant construction work and performed the construction work until March 20, 2015.
B. On March 16, 2015, the Plaintiff sent to Defendant Telecommunications International, “a revised contract statement” to the effect that the construction amount of KRW 393,50,000 increased, and on April 28, 2015, the Plaintiff sent a certificate of content requesting the payment of KRW 64,780,000 as well as the additional construction cost of KRW 432,850,00 (including each value-added tax) under the instant contract.
C. The Defendant Co., Ltd., Ltd. (hereinafter “Defendant Ulves Korea”) was established on September 18, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination on the main claim
A. The part concerning the claim for Defendant Telecommunications 1) The purport of the Plaintiff’s assertion was to perform the additional construction work equivalent to KRW 432,850,000, compared to the details originally agreed upon in the instant contract. As such, Defendant Telecommunications 1 has the obligation to pay the Plaintiff the above additional construction cost of KRW 432,850,00 and the damages for delay thereof. (ii) The additional construction work equivalent to KRW 70,532,550,00 for the instant construction work is recognized in full view of the overall purport of the argument’s appraisal result (excluding the portion not adopted below) of the judgment appraiser A.