공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 1,848,710 to the Defendant (Counterclaim Plaintiff) and against this, from June 25, 2019 to August 13, 2019.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
【Basic Facts】
1. On March 25, 2015, the Defendant (hereinafter referred to as “C”) concluded a contract with the Defendant and the contractor by having the contractor enter into the contract with the Defendant and the contractor with the construction cost at KRW 610,000,000 for the construction cost of the new construction of the land site and factory site D (hereinafter “instant building”).
2. The Plaintiff was awarded a subcontract for the electricity, telecommunications, and fire fighting work among the aforementioned new construction works.
As of May 7, 2015, a subcontract agreement between the Plaintiff and C, which stipulates the construction cost of the said construction project as KRW 75 million (excluding value-added tax) (hereinafter referred to as “instant construction contract”).
3. C repeats the discontinuance of construction, and the Defendant decided to succeed to the terms of the contract between the Plaintiff and C.
On March 11, 2016, the Defendant prepared and delivered a “written non-performance of construction cost” stating that the Plaintiff would pay KRW 82.5 million (including value-added tax) within 15 days from the date of completion of electrical construction and would pay damages for delay of 15% if it fails to pay within the said period.
4. The Defendant obtained approval for the use of the instant building on May 23, 2016, and completed registration for the preservation of ownership on June 1, 2016 with respect to the 1/5 shares of the instant building.
[Reasons for Recognition: Unsatisfy Facts, Gap evidence 6, Gap evidence 3 through 5, Eul evidence 9, the purport of the whole pleadings]
1. The Defendant, which caused the claim, is obligated to pay the Plaintiff the contractual construction cost and additional construction cost of KRW 5580,000,000 not paid until now as follows.
Contract price of KRW 75 million (excluding value-added tax) under the contract;
(b) Additional construction cost of KRW 52,80,000. (1) Additional construction cost of KRW 17 million for mechanical fire fighting works. < Amended by Presidential Decree No. 98 million for electric supervision cost of KRW 9 million. (3) Electric supervision cost of KRW 7 million.
(c) Calculation: 120,000,000 won in total of the contractual construction cost and additional construction cost = 75 million.