공사대금
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Defendant (Counterclaim Plaintiff) is KRW 74,117,400 and the Plaintiff (Counterclaim Defendant).
1. We examine, ex officio, whether the counterclaim in this case is legitimate or not.
A defendant may, only if it does not remarkably delay the litigation procedures, file a counterclaim with the court in which the principal lawsuit is pending not later than the closure of pleadings.
(Article 269(1) main text of the Civil Procedure Act. However, the defendant filed the instant counterclaim on July 21, 2015, which was after June 24, 2015, which was the date of the closing of argument. Since the instant counterclaim is inappropriate to have been filed after the closing of argument, it shall be dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.
2. Basic facts
A. On March 9, 2013, the Defendant was awarded a contract for KRW 871,200,000 for the total construction cost of A factory construction from B, which had completed business registration under the trade name A.
B. On May 29, 2013, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant with respect to the steel production and installation work (hereinafter “instant construction work”) among the new construction works of a factory as follows.
Article 3 (Amount of Subcontract)
1.The subcontract amount shall be calculated on 231,000,000 won and shall be paid in cash in accordance with the following subparagraphs:
(1) Advance (including value-added tax): 70 million won - The intermediate payment of KRW 80 million - The intermediate payment of KRW 30 million at the time of conclusion of this contract: The remainder of KRW 81 million: the Plaintiff shall perform the construction work under this contract from June 3, 2013 to June 30, 2013 within 15 days from the successful examination after the completion of construction.
1. The plaintiff shall perform construction works in accordance with all the drawings, such as prior design, as prescribed in this contract, and shall not perform construction works contrary to the plaintiff's sole design modification or other process chart.
2. When the defendant finds out the matter under paragraph (1), the plaintiff shall input the relevant part to correct it.
C. The Plaintiff completed the subcontracted project of this case, and A factory was approved for use on September 16, 2013.
The Plaintiff is out of the construction cost of this case.