계약금반환 등 청구의 소
The Plaintiff (Counterclaim Defendant) paid KRW 196,295,90 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from September 19, 2018 to August 26, 2020.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a company established on May 13, 2016 for the purpose of real estate sale, lease, consulting business, etc., and the Defendant is a company established on April 28, 2015 for the purpose of indoor interior interior interior interior decoration construction, etc. (2) The Plaintiff ordered the Defendant to perform each of the shooting range facilities interior works on the building located in Yeonsu-gu Incheon and Kimpo-si D.
B. Conclusion of a contract for construction works
1. Project owner: plaintiff;
2. Construction name: One story underground and three floors above ground in the shots and sports centers; and
3. Construction site: Yeonsu-gu Incheon Metropolitan City C.
4. Period: From August 30, 2017 to February 28, 2018;
5. Contract amount: 3,390,000,000 won (excluding value-added tax).
6. Payment of down payment (10%): (339,00,000 won (70%) intermediate payment (70%) payment: (2,373,00,000 won) payment shall be made in accordance with the construction process;
Any balance (20%) shall be paid within 60 days after the completion of the work (678,00,000).
Article 11 (Completion and Termination) (1) of the General Conditions of the Contract shall be notified to the plaintiff when the construction is completed, and the plaintiff shall make a completion inspection immediately after receiving notice from the plaintiff.
Article 14 (Matters under Special Agreement) Additional installation and removal of one pumps, other than estimate, and all fire-fighting systems inside buildings. Other matters shall be dealt with through mutual consultation.
(A) The Plaintiff and the Defendant entered into a construction contract with the Defendant around August 18, 2017, with respect to the third and underground floors of the building located in Yeonsu-gu Incheon Metropolitan City, in which the Plaintiff and the Defendant entered into a construction contract with the Defendant to perform the test of the Plaintiff’s facilities on the third and underground floors of the building located in Yeonsu-gu, Incheon Metropolitan City (hereinafter “instant Incheon Construction Contract”). The Plaintiff and the Defendant entered into a construction contract with the Defendant on August 18, 2017, including the date of the final contract, by changing the details of the payment method of the construction cost by February 2018 (hereinafter “instant contract”).