공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 77,774,758 to the Plaintiff (Counterclaim Defendant) and its amount from October 27, 2015 to September 1, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 26, 2013, the Plaintiff and the Defendant entered into a construction contract with the Defendant that the Plaintiff would receive a contract for the construction of the Dnbs located in Bocheon-si (hereinafter “instant building”) (hereinafter “instant construction contract”) at the contract price of KRW 1,725,460,00 (including value-added tax), the warranty bond of KRW 51,763,800, the construction period of KRW 51,763,800, and the construction period from April 1, 2013 to November 30, 2013, and KRW 0.1% of the liquidated damages rate of the instant construction contract (hereinafter “instant construction contract”). The details prescribed in the instant construction contract are as follows.
Article 9 (Period of Construction) (1) The date of commencement and completion of construction works shall be the date specified in the contract.
(2) Where it is impossible to start the date of commencement of construction without any cause attributable to the plaintiff, the date of commencement shall be the date of commencement, and the plaintiff may request an extension of the construction period.
(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.
Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.
Article 17 (Non-conforming Construction Works) (1) When there are parts inappropriate for the design documents among the construction works executed by the plaintiff, the defendant may request a correction thereof, and the plaintiff shall comply without delay.
(2) In cases falling under paragraph (1), when a construction work inappropriate for the design plan is due to a demand or instruction of the defendant or any other reason not attributable to the plaintiff, the plaintiff shall not be held liable.
Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) In cases where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise concerning construction, or where additional facilities are installed due to the modification of the project plan, etc.