공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 428,800,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 23, 2012 to December 13, 2013.
1. Basic facts
A. 1) The Defendant entered into a subcontract construction contract with the Korea Land and Housing Corporation (1-2) on September 23, 201, upon receiving a contract for the construction works for the relocation of alternative military installations from the Korea Land and Housing Corporation, and the Plaintiff during the said construction works (hereinafter “instant construction works”).
(i) 2,358,400,000 won (including value added tax; hereinafter the same shall apply) for the cost of construction;
(2) As to the construction period from September 23, 201 to March 24, 2012, a subcontract was made (hereinafter “instant construction contract”).
(2) On March 16, 2012, the Plaintiff and the Defendant entered into a contract to change the construction period of the instant construction contract from September 23, 2011 to April 24, 2012; and on April 23, 2012, the instant construction contract to KRW 2,655,290,000, respectively; and finally, on April 23, 2012, the instant construction contract was settled as KRW 2,597,430,000.
3 The main contents of the instant construction contract, which was finally drawn up by the original and the Defendant on April 23, 2012, are as follows:
6. Payment of the price;
(a) 2) The completed portion within 60 days from the date of receipt of the object: the defect repair liability period: 3 years from the date of the entire completion of the Defendant’s construction (Provided, That the defect repair of the package work due to the subsidence of the underground sidewalk section until the present time shall be implemented by the Plaintiff, and the subsequent defect repair shall be exempted from the liability after consultation with the ordering agency;
A person shall be appointed.
B. On May 25, 2012, the Plaintiff entered into an additional construction contract with the Defendant, setting the construction period from May 25, 2012 to June 20, 2012, with respect to the supplementary construction for the underground news section (hereinafter “additional construction”) among the instant construction works, as the construction period from May 25, 2012 to June 20, 2012, the construction cost of KRW 44,825,00, and the payment period for the additional construction work amount of KRW 44
(hereinafter “Additional Construction Contract”)
C. On April 23, 2012, the Plaintiff completed the instant construction work.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 6, the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff’s assertion is the final settlement as of April 23, 2012.