공사대금
1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.
1. Basic facts
A. On May 31, 2012, the 32th Army Team No. 2162 unit (hereinafter “project owner”) contracted the Defendant with the 97 Joint Military Life Improvement Corporation (hereinafter “instant construction”) for KRW 841,619,450 at the price.
(hereinafter referred to as “original contract”). (b)
On July 13, 2012, the Defendant subcontracted the instant construction work to the Plaintiff KRW 691,064,000 (the original contract amount of KRW 82.11%; hereinafter “instant construction cost”).
(hereinafter “subcontract.” In the above subcontract, the Defendant agreed to pay the subcontract price to the Plaintiff within 30 days after receiving the progress payment from the ordering person.
C. From July 14, 2012, the Defendant commenced the instant construction, but suspended the construction without completion.
According to the original contract, the Defendant received payment of KRW 643,340,00 from the ordering person on June 15, 2012, and KRW 75,387,230 on October 26, 2012, and KRW 392,053,00 on December 17, 2012 ( KRW 643,340,230) from the ordering person.
E. The Plaintiff received total of KRW 295,259,000 from the Defendant during the period from August 6, 2012 to January 11, 2013 under the subcontract agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 14, the purport of the whole pleadings
2. The parties' assertion
A. On January 9, 2013, the Plaintiff’s summary of the Plaintiff’s assertion was suspended from the construction of the instant case, and the maturity rate up to that time is 47.4%.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 32,305,336, which deducted KRW 295,259,00, which the Defendant received from the Defendant from the Defendant from the amount of KRW 327,564,336 (i.e., the subcontract work price of KRW 691,06,00 x 47.4%) and damages for delay from December 18, 2012 for which the Defendant received the payment for delay from the ordering person. < Amended by Act No. 11504, Jan. 17, 2013>
B. On December 14, 2012, the Plaintiff’s summary of the Defendant’s assertion suspended the instant construction work, and the period of the construction work up to that time is 239,622.