공사대금
1. Of the judgment of the court of first instance, the part concerning the principal claim against the Defendant (Counterclaim Plaintiff) shall be modified as follows:
Plaintiff (Counterclaim Defendant).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On August 23, 2011, the Defendant entered into a contract with the representative G of the clan B (hereinafter “non-party clan”) to set up a building on the land owned by the non-party clan as follows:
【Standard Contract for Private Construction Works】
1. Construction name: New construction works for the same ducheon-si D shop and civil engineering works;
2. The construction site: within the same Dobcheon-si D;
3. Period of construction: Farmland charges of KRW 591,00,00 (excluding value-added tax of KRW 59,100,000) (the cost of development, permission for diversion of farmland, permission for occupation and use of farmland shall be borne by the contractor) (the cost of development, permission for diversion of farmland, and permission for occupation and use of farmland) (the cost of KRW 199,391,480).
5. Advance: 150,000,000 won.
6. Timing of completed portion and progress payment: 122,00,000 won for completed portion: 321,000,000 won for completed portion;
B. On October 20, 201, the Dong Ducheon-si Mayor issued a building permit to construct a new building D-ground building [the building of this case hereinafter referred to as the “instant building”) [the first ground-based neighborhood living facilities (retail stores) 329.30 square meters, the second ground-based neighborhood living facilities (retail stores) 1, the second ground-based neighborhood living facilities (retail stores) 329.30 square meters, the first ground-based neighborhood living facilities (retail stores, warehouses) 56.00 square meters, and hereinafter referred to as “the building of this case”)] on the non-party clan in Dong Ycheon-
C. Since then, the Defendant performed civil engineering works on the site of the instant building.
On April 27, 2012, the Plaintiff entered into a subcontract construction contract with the Defendant (hereinafter “instant subcontract construction contract”) with the following terms:
[Construction Contract and Construction Name: Neighborhood Facility Construction Project] Article 2 / [Construction Period] Article 3 of the Act on March 29, 2012 and completed until June 30, 2012 / [Obligation]
1. The Defendant’s obligation may not be a contract for construction works other than the Plaintiff, or construction works, after signing and sealing this Agreement.
(Provided, That the Corporation shall have jurisdiction over the defendant)
2. The Plaintiff’s obligations are not re-subcontracted with the overall content of this project.