공사대금
1. Defendant (Counterclaim Plaintiff) filed a claim against the Plaintiff (Counterclaim Defendant) for KRW 302,319,990 and its related thereto from November 13, 2018 to January 28, 2021.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The relationship 1) The plaintiff is a person operating a mutual construction company of C, and the defendant is a corporation under the Commercial Act with the business purpose of steel works, civil engineering works, etc.
2) D Co., Ltd. (hereinafter “D”) received a contract from Chungcheongnam-do to “E”, and subcontracted to the Defendant the part of “F” during the said construction to the Defendant (hereinafter “instant prime grade”). As seen below, the Defendant re-subcontracted to the Plaintiff the part of the “construction work” (hereinafter “instant construction work”) excluding the upper part among the subcontracted construction work, excluding the upper part.
B. Around May 2018, the Plaintiff and the Defendant concluded a contract for the instant construction work with the effect that the Plaintiff will undertake the instant construction work at KRW 1.6 billion (excluding value-added tax) (hereinafter “the instant construction contract”).
On May 2018, the Plaintiff agreed to reduce the price of the said construction contract with the Defendant in KRW 1.45 billion (excluding value added tax) around July 2018.
(c)
The design change and additional construction had been discovered that the Plaintiff had not anticipated at the time of the design of the F Corporation during the construction of the excavated structure among the instant construction works.
D With the approval of the Chungcheongnam-do around August 2018, the design of the said construction was modified, and the Plaintiff removed part of the intersection structure already installed according to the Defendant’s instruction, and excavated more depth and re-built the intersection structure and carried out construction work in accordance with the modified design drawings.
(d)
(1) The Plaintiff’s suspension of construction work and the settlement of the construction cost was due to an accident at the construction site around the beginning of November 2018, when the construction work was in progress. Accordingly, the Plaintiff and the Defendant ceased the Plaintiff’s construction work at the beginning of December 2018, and up to then on the basis of November 12, 2018.