공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 1,565,475,904 to the Plaintiff (Counterclaim Defendant) and its related amount from July 13, 2013 to June 22, 2017.
1. Basic facts
A. On June 20, 2012, the Plaintiff and the Defendant entered into a contract with the Defendant on the repair of defects and construction contract for the repair of defects that the Plaintiff found in North-gu A apartment (hereinafter referred to as “instant apartment”) at the port and received from the Korea Housing Guarantee Co., Ltd. (hereinafter referred to as “Korea Housing Guarantee Co., Ltd.”). Upon receipt of the warranty bond, the Plaintiff and the Defendant entered into a contract with the Defendant to enter into the warranty bond and the construction contract.
B. The plaintiff performed the duty of claiming for defect withdrawal and warranty bond under the above contract, and as a result, the defendant was paid 4.55 billion won as warranty bond from the Korea Housing Guarantee.
After that, on December 5, 2012, the Defendant entered into a contract for construction works with the Plaintiff, stating that the construction period from December 5, 2012 to June 5, 2013, the construction cost shall be KRW 4.550 million, and that the Plaintiff shall repair the defects that occurred in the apartment of this case and that the Defendant shall request (hereinafter “the “instant work”) to repair the defects, and that construction works shall be conducted as requested by the Defendant (hereinafter “the instant work”), and 30% of the construction cost shall be the retainer, 40% of the construction cost shall be the intermediate payment upon completion of the construction work, 30% of the construction cost shall be the intermediate payment upon completion of the construction work, and 30% of the remainder of the construction cost shall be paid for delay upon completion of the construction work, and 1/100 of the construction cost per day shall be paid for delay.
C. After that, on February 22, 2013, the Defendant received the warranty bond of KRW 10,1920,000 from the Korea Housing Guarantee, and entered into a contract for modification of the construction contract with the Plaintiff on February 22, 2013, to increase the construction cost of the said contract in KRW 4.566,192,00,00,000, and to change the construction period from February 22, 2013 to August 22, 2013; however, the other terms of the contract were
(hereinafter referred to as the “instant contract for construction work”). E.
The Plaintiff is entitled to the instant construction contract.