공사대금 반환 등
1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following part ordering payment with respect to a counterclaim.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On May 14, 2015, the Plaintiff concluded a construction contract for the construction of a factory (hereinafter “instant construction contract”) with the Defendant who is engaged in the construction business, etc., and drafted the instant construction contract document stating the following:
1. Construction name: C Corporation;
2. The construction site: Kimpo-si B; and
3. Date of commencement: The scheduled date of completion on June 1, 2015: October 31, 2015: KRW 1,320,000,000 (including value-added tax) of KRW 1,320,000 per day:
6. Contract bond: 10% of the contract amount of a lump-sum deposit;
7. Prepaid money: lump sum 264,000,000 per annum (including 264,000,000/value-added tax).
8. Until the fifth of the following month after a claim for the amount completed: 11. The rate of liquidated damages shall be 1/1,000 (date).
B. Around August 17, 2015, the Defendant entered into an additional construction agreement, such as adding quantities to certain processes during the instant construction works. Accordingly, the Defendant carried out the additional construction works.
On October 8, 2015, the Defendant agreed to increase the advance payment of the instant construction contract from KRW 264 billion to KRW 400 million, and to extend the completion date from October 31, 2015 to December 10, 2015.
C. Around December 10, 2015, the Defendant suspended the instant construction. On December 15, 2015, the Defendant filed a claim against the Plaintiff for KRW 490,472,000, which deducts the amount of advance payment from the amount of advance payment, based on the title “written request for the first term and written request for transfer to an account”, and on December 15, 2015, the rate of the period of payment up to the present date is 53.293%, and the amount of progress payment reaches KRW 703,472,00.
Accordingly, on December 29, 2015, the Plaintiff sent to the Defendant a certificate of the cancellation of the instant construction contract, and on December 30, 2015, if the construction was not completed by January 8, 2016, while the construction was not performed properly even after the instant construction period had lapsed.
E. On December 30, 2015, the Defendant notified the Plaintiff of the cancellation of the contract as the construction was delayed due to the failure to make payment under the instant construction contract.