공사대금
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) shall be 307,650.
1. Facts of recognition;
A. On March 16, 2016, the Defendant concluded a contract with the Plaintiff under which the construction of a new multi-household house and neighborhood living facilities in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant construction”) was awarded a contract (hereinafter “instant contract”).
The construction period of the instant contract is from March 21, 2016 to September 30, 2016, and the contract amount is KRW 407,227,218 (including value-added tax), and the rate of liquidated damages was 1/100 of the daily allowance contract amount.
B. Under the instant contract, the Defendant paid all KRW 407,227,218 to the Plaintiff from April 1, 2016 to October 12, 2016.
C. On August 3, 2016 and August 10, 2016, the Plaintiff: (a) requested the Defendant to change the completed materials of the painting construction stipulated under the instant contract from “ Costaco” to “dyke”; and (b) the completed materials of the miscellaneous steel construction from “VM” to “dyke.”
However, on August 12, 2016, the Defendant respondeded to the Plaintiff on August 12, 2016 to the effect that the said request is rejected by having the Plaintiff perform the construction of external finishing materials (foreign wall removal works: Costone Star and roof finishing works: Television) on the contract.
On November 28, 2016, the Plaintiff requested the Defendant to pay KRW 74,883,273, which is the money insufficient to complete the instant construction.
On December 5, 2016, the Defendant respondeded to the Plaintiff on December 5, 2016, “The Defendant is scheduled to claim compensation for delay if it fails to complete the construction works according to the contract, since 65 days have elapsed from September 30, 2016, which is the scheduled date of completion.”
E. On December 20, 2016, the Defendant notified the Plaintiff of the termination of the instant contract on the ground of the Plaintiff’s unilateral suspension of work at the site.
F. Of the instant construction works, the height and ratio of the portion executed by the Plaintiff is 75.39% (=307,00,000 ± KRW 407,227,218 ± 100 x 100, and 307,000 x 100 x 307,000 x 00 x 307,000.
Items (unit of cost: cost) Costs of repair and reinforcement of defects, and re-establishment of new construction costs.