공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 16,781,225 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 11, 2015 to December 15, 2017. < Amended by Act No. 15290, Dec. 15, 2017>
1. On May 11, 2015, the Plaintiff entered into a contract with the Defendant to supply and demand the instant construction work (hereinafter “instant construction work”) to remodel the building located in Gyeyang-gu Incheon (hereinafter “instant building”) as a kindergarten (hereinafter “instant construction contract”).
Construction Costs: 20 million won
(b) Period: From May 11, 2015 to June 30, 2015;
C. (1) Around May 15, 2015, the Plaintiff entered into a contract with the Defendant to supply and demand additional construction works related to heating and cooling equipment (hereinafter “additional contract related to heating and cooling of this case”) with the payment of KRW 60 million by June 10, 2015 (2) by the payment of KRW 80 million by June 10, 2015, and then on July 7, 2015, the Plaintiff entered into a contract with the Defendant to supply and demand additional construction works related to heating and cooling equipment as follows (hereinafter “additional contract”).
(1) Construction cost: (a) The Plaintiff entered into a contract with the Defendant on May 29, 2015 (hereinafter “the instant additional contract for fire-fighting-related construction”) under which the Plaintiff would receive KRW 12.8 million for the additional construction cost (hereinafter “the instant additional contract for fire-fighting-related construction”) within one week after the completion of construction work, on May 26, 2015.
In addition, the Plaintiff received a supply of and demand for other additional construction works, such as urban gas construction works, but the details of the additional construction contract on the part excluding the claim through the reduction of claims are omitted.
The Defendant paid the Plaintiff a total of KRW 187 million as follows with the construction cost related to the said construction project:
on May 26, 2015 KRW 71 million
(b) KRW 40 million on June 19, 2015;
(c) KRW 50 million on June 29, 2015;
(d) KRW 10 million on July 20, 2015;
E. On September 25, 2015, the Plaintiff continued construction until the end of June 2015, and suspended construction around that time. On November 24, 2015, the Plaintiff sent to the Defendant a certificate of content that the contract will be rescinded on the grounds of a payment due.
The defendant is a kindergarten with respect to the building of this case to the Incheon Western District Office of Education on September 1, 2015.