공사대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On February 7, 2011, the Plaintiff entered into a contract with the Defendant for the installation of the power station for the Government-based electric power supply facilities (the first place) and entered into a construction contract under which the terms and conditions of the contract are as follows (No. B. 1; hereinafter “instant contract”).
(1) Construction name: Construction period from March 15, 201 to May 14, 201: 5: Construction cost: 140,000,000 won (excluding value-added tax). (6) Advance payment: 64,000,000 won (excluding value-added tax). (7) Payment of the price: Materials cost - Construction cost (excluding paragraph (6)), construction cost - Cash Payment for the last month after the end of the following month: 15,40,000 won: 15,40,000 won special contract amount for the above construction period may be adjusted depending on the field conditions.
(5) If there is a shortage in the lecture materials that he/she removes B, the plaintiff shall be added to such lecture materials.
claim shall not be sought.
(6) B shall carry out construction work including the internal fire proof drawing of the steel pipes.
B. After the conclusion of the instant construction contract, the Defendant paid KRW 70,400,000 (in advance KRW 64,000,000,000, plus 10% of value-added tax) to the Plaintiff.
C. Around March 4, 2012, the Plaintiff did not supply the lecture hall at the instant construction site due to the Defendant’s circumstances, and the Plaintiff started construction of the instant construction on or around May 19, 2012, on the grounds that there was a dispute between the Plaintiff and the Defendant regarding the payment of the remainder of the lecture fees, but the Plaintiff was bound at the instant construction site around May 25, 2012.
Since then, the defendant requested the resumption of construction, but the defendant did not comply with the plaintiff, ordered another company to complete the construction work of this case.
[Ground of recognition] Facts without dispute, Eul 1, 4 evidence, Eul 5-1, 2, Eul 6 evidence, the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff's assertion that the contract for construction of this case remains unpaid immediately after the construction of this case begins.