공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 14, 2014, B Co., Ltd. (hereinafter referred to as “Nonindicted Company”) contracted the Defendant to extend or rebuild the factory of the non-party company located in Busan-si C by setting the construction price of KRW 1,980,000 (including value-added tax) and the construction period from July 23, 2014 to January 31, 2015.
(hereinafter “instant prime contract”). B.
On July 21, 2014, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff (D Co., Ltd.) on setting the construction cost as KRW 575,300,000 for the instant construction work (hereinafter collectively referred to as “instant construction work”).
The above construction cost of KRW 575,300,000 was determined as the same amount as the construction dog amount as the construction dog amount stated in the statement submitted by the Plaintiff to the Defendant before the conclusion of the instant subcontract.
The instant subcontract includes the following contents:
575,300,000 won (including value-added tax): From July 25, 2014 to October 31, 2014, the payment of the price is made ① 20% advance payment: From July 25, 2014, to October 31, 2014: Within 10 days after the submission of performance guarantee, letter of advance payment guarantee. ② Within 70% progress payment: in accordance with the monthly rate of 10%: The rate of liquidated damages for delay within 40 days after the completion of construction (taking out of materials): Article 14 (Change or Suspension of Construction; hereinafter the same shall apply) (1) of the terms and conditions of the contract, if deemed necessary, or if the contents of the construction are changed at the request of the project owner, or the construction of construction of the whole or part of the additional construction is temporarily suspended, the document, such as the modified summary, shall be delivered in advance to B (Plaintiff; hereinafter the same shall apply)
If it is deemed necessary to change or reduce the construction period or to increase or decrease the contract price, it shall be determined by agreement with B.
(2) An increase or decrease in the contract amount under paragraph (1).