공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 33,336,024 to the Defendant (Counterclaim Plaintiff) and its related amount from March 19, 2014 to November 26, 2014.
1. Basic facts
A. On February 1, 2012, the Defendant contracted a new construction of an apartment building in the spring of Dong-dong, Busan (hereinafter “instant apartment building”) from the Suwon Construction Co., Ltd., and subcontracted the construction of reinforced concrete (hereinafter “instant construction”) to the Plaintiff on February 1, 2012.
(hereinafter “instant subcontract”). (b)
The main contents of the instant subcontract are as follows.
- Standard subcontract agreement for construction works and agreement on payment in substitutes - Period: Contract amount of KRW 1,854,435,00 (including value-added tax): From February 1, 2012 to July 31, 2013: Payment in the form of KRW 1,854,435,00: Payment in the form of once a month - Payment in cash - Payment in the form of KRW 50% in cash - Payment in the form of KRW 465,900,00 in the form of construction - Payment in the form of KRW 407, 706, and 107 in the form of a non-permanent Si, Chang-gu, Seoul Special Metropolitan City.
The rate of liquidated damages: 5/100 - On-site inspection (in addition to the site inspection report on the general conditions of the contract for the instant construction project) -
3. The scope of construction works: All the works (including materials), such as steel bars, dies, concrete frameworks, etc. within the relevant site;
4. Payment materials: Iron bars, ready-mixed, construction water, and temporary electricity.
5. Method of payment: (i) 3 cases in lieu of a substitute : 3 cases deduction at a base rate (three unit price of a window - unit price of a contract = sale price -20,000,00) 3) Payment time of a bill 50% (60%) in cash 50% (60%) 4): The fact that there is no dispute over the ground for recognition 20th day of the following month as of the end of the month, the evidence Nos. 1-1, 3, 1-2, 1-2, and 2, and the purport of the whole pleadings.
2. Determination on the main claim
A. (1) On January 2013, the Defendant agreed to pay the Plaintiff the construction cost incurred in excess of the contract price under the instant subcontract agreement to the Plaintiff on the following grounds: (a) the Plaintiff’s assertion that the construction work could not continue as a result of the occurrence of the causes, such as the increase of wages and the increase of the quantity of steel bars among the instant construction works; and (b) the Defendant agreed to pay the Plaintiff the construction cost incurred
(hereinafter referred to as “instant agreement”). (B)