공사대금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On August 2016, the Defendant: (a) concluded a contract with the Plaintiff on September 10, 2016 with the term “the date of commencement of construction; (b) the construction work for the construction of the Franchisc household and commercial building (hereinafter “instant building”); and (c) the construction work cost of KRW 1,670,000 (the supply price of KRW 1,670,000,000, value-added tax of KRW 167,000,000, value-added tax of KRW 167,000; and value-added tax of KRW 1,1,000,000, the compensation rate of KRW 1,1,000” (hereinafter “the primary contract”).
B. As to the first contract on September 8, 2016, the Plaintiff and the Defendant entered into a contract with “the date of commencement, September 20, 2016, the scheduled date of completion, April 30, 2017, and the construction cost of KRW 1,897,50,000 (the supply price of KRW 1,725,00,000, value-added tax of KRW 172,50,000)” (hereinafter “the second contract”).
The rate of delayed prize was set at 1/1,000 as the same as the first contract.
(c)
On October 19, 2016, the Plaintiff and the Defendant entered into a contract to enter into the second contract on the Korea Land and Transport Department Knowledge Information System (KICON) (KICON) with a view to maintaining the remainder of the said two contracts as it is, but the contract was entered into on October 19, 2016, stating that “The date of preparation is October 24, 2016, the date of commencement is October 24, 2016, and the scheduled date of completion is as of May 31, 2017” (hereinafter “third contract”).
At the time, the Plaintiff and the Defendant drafted a three-party contract form in a manner that goes against the line on the existing date specified in the corresponding part of the said second contract form and enters a new date on that date, and affixes both seals on each side.
(d)
On May 2017, the Plaintiff and the Defendant entered into a modified contract with respect to the third contract (hereinafter “fourth-month extension”) providing that “The construction period shall be extended from October 24, 2016 to July 31, 2017” (hereinafter “fourth-month contract”).
The main contents of the fourth contract shall be as follows:
A contract for construction of a new building (revision)
3. Initial construction period: The period of construction after October 24, 2016 to May 31, 2017: From October 24, 2016 to July 31, 2017 (the extension of two months).
4. Initial.