공사대금
1. According to the amendment of the purport of the principal claim by this court, the judgment of the first instance is modified as follows.
1. Basic facts
A. On August 8, 2013, the Plaintiff entered into a contract for construction of a new building and revised the said contract. The Plaintiff’s “C long-term care center” (hereinafter “instant building”) on the ground B from the Defendant at Ansan-si (hereinafter “instant building”).
2) The construction project newly constructed (hereinafter referred to as the “instant construction project”)
) A contract for construction works that the construction cost is KRW 1.463 million (including value-added tax) and the construction period is fixed from August 30, 2013 to February 28, 2014 (hereinafter “instant construction contract”).
(2) The original Defendant entered into a modified contract containing the contents, such as changing the completion date of the instant construction contract from March 2014 to April 2014, 2014, to May 30, 2014.
B. Around December 2013, the Plaintiff commenced the instant construction project and demanded the Defendant to make an interim payment of KRW 1,03.2 million up to May 1, 2014. The Plaintiff received payment of KRW 375 million from the Defendant until January 28, 2014. (2) On May 12, 2014, the Plaintiff urged the Defendant to pay the unpaid construction cost of KRW 628.2 billion, and presented a proof of the content that the extension of the instant construction period by the end of October 30, 2014, and demanded the payment of the construction cost again on May 16, 2014.
C. However, on May 16, 2014, the Defendant rejected the payment of the construction price and the extension of the air on the ground that the Plaintiff’s completed portion was either de facto and sincere.
Accordingly, around May 23, 2014, the Plaintiff suspended the instant construction work.
After the conclusion of the direct payment agreement, the Plaintiff agreed with the subcontractor of the instant construction project that the subcontractor would receive KRW 11,183,000,000 from the Defendant, out of the payment of the construction cost that the Plaintiff would have received from the Defendant.
E. On July 31, 2014, the Defendant, including the conclusion of a new construction contract, shall suspend the instant construction work and thereby inflict damage on the Defendant.