공사대금 등
1. The Defendant (Counterclaim Plaintiff) paid KRW 2,684,235,400 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2014 to December 14, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On July 11, 2012, the Plaintiff entered into a contract with the Defendant under which the construction work of the Yellow Kelk Kelk Kelk Kelk Kelk (hereinafter “instant factory”) was awarded a contract with the Defendant for construction work cost of KRW 14.85 billion (excluding value-added tax) (hereinafter “instant contract”). The Plaintiff entered into a special agreement with the Defendant as follows.
(1) The construction period shall be up to May 31, 2015, and the said period shall be based on the date of completion of the mechanical plant of this case.
(2) The construction cost shall be paid in installments (20%), progress payment (70%) and remainder (10%).
③ After the completion of the factory of this case, the Defendant’s confirmation that the Plaintiff completed the trial operation and the Plaintiff’s submission of the relevant documents (a certificate of completion of trial operation, defect performance securities, and other documents) shall pay any balance within 60 days thereafter.
B. After that, the Defendant paid 90% of the total construction cost to the Plaintiff under the pretext of advance payment and progress payment of the instant construction project: (a) pursuant to the agreement with the Plaintiff, the construction period was extended on November 15, 2013; and (b) around December 2013, the working-level officers of the Plaintiff and the Defendant (the head of the Plaintiff’s business, the head of the Defendant’s construction team D, the employees of the construction team, E, and F, etc.) agreed on the completion of the factory and the remainder payment (hereinafter “instant agreement”).
(1) The mechanical completion of a factory of this case shall be deemed completed on November 15, 2013.
② The Plaintiff’s primary trial trial run at the instant plant is to check the assembly condition after the completion of the factory’s mechanical construction. A trial run at the beginning of the operation of the equipment in which water flows into the process instead of raw materials, the secondary trial run is to test the manufacture of the product by operating the equipment with the material in question, and the third trial run under the instant contract.