공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 27,350,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 7, 2018 to January 11, 2019.
1. Basic facts
A. On October 28, 2015, the Plaintiff entered into a contract (Evidence A; hereinafter “instant contract”) under which the contract amount was set at KRW 800,00,000 (excluding value-added tax) with the Defendant for the construction business, and the Defendant for the construction of the instant building site C and D ground shopping district (hereinafter “instant building”).
According to the special terms and conditions of the instant contract for construction works, the construction contents of the instant contract were to be prepared after a design modification.
B. The issuance of the statement of the instant estimate and the conclusion of the instant amendment contract (i) the Plaintiff made an estimate of the total construction cost of KRW 927,706,914 (excluding value-added tax) to the Defendant during the execution of the instant construction project (Evidence No. 7, No. 4-1 to No. 4, hereinafter “the instant estimate”).
On June 29, 2016, the Plaintiff and the Defendant presented a contract for the modification of the construction work (Evidence A 2; hereinafter “instant modification contract”) with the content that the contract amount of the instant construction work is modified to KRW 900,000,000 (excluding value-added tax).
(2) The statement of this case’s estimate was written as follows. Items of other works and swimming works were excluded from the estimate. Of the detailed statement of each type of work, specific side-off (influence) of the unclaimed construction, part (AW1), PVC windows (PW1-12), timber door (WD1-5) are only limited to the quantity and cost.
1.This estimate shall correspond to the drawing(s);
2.(1) Design and supervision costs of a separate construction project 2) Han electric deposit, electric safety inspection costs, fire-fighting supervision costs, water-related construction costs 3) authorization and permission costs, measurement costs 4) household and sanitation equipment 5) Dozine project (2, 3, 4, 5, and 6) - Other days, ceiling, floor, floor, 7) 5, 6th floor timber and outside windows and 8) additional estimates and quantity monitoring results;
(c) part of the cost of construction;