공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 82,220,200,200 to the Plaintiff (Counterclaim Defendant) and its payment from April 12, 2019 to November 17, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
The Defendant received a subcontract for reinforced concrete construction work (hereinafter “instant construction work”) from the Dongdaemun-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter “C”) during the construction of new buildings (hereinafter “instant building”) from November 8, 2017, by setting the construction cost of KRW 6,100,000,000 (excluding value-added tax) and the construction period from November 8, 2017 to November 30, 2018.
(hereinafter “instant subcontract”). The Defendant, around November 14, 2017, ordered the Plaintiff to re-subcontract the instant construction work. However, the construction price was KRW 5,500,000 (excluding value-added tax) and the construction period was determined from November 10, 2017 to November 30, 2018.
(hereinafter “instant re-subcontract.” Around June 2018, the Defendant sent to C an official letter demanding the settlement of the construction cost of the instant subcontract by increasing KRW 489,431,369 according to the design change, and sent the said official letter to the Plaintiff by e-mail.
C and the Defendant drafted the instant subcontract agreement changed on September 28, 2018, and the changed contents are as follows.
6,591,78,869 won of value-added tax of 491,78,868,869 won of value-added tax of 432,760,00 won of value-added tax of 468,160,870 won of purchase tax of 90,176,835 won of 90,457,457,483 won of 280,648 won of total of 6,532,760,000 won of 280,648 won of total of 6,648 won of 7,059,949,739,527,189,739,669, 69, and 140 won of the Framework Act on the Construction Industry (amended)
(b) Period of construction;
D. On September 11, 2018, the Defendant sent to the Plaintiff a draft contract for alteration of execution that increased the construction cost of the re-subcontract to KRW 5,921,400,000 (excluding value-added tax) due to the change in quantity and the addition of the re-subcontract work cost to the instant construction work.
(hereinafter “Implementation Change Contract”). The instant building is on the fourth and twenty above ground level, and the Plaintiff is on the fourth and twenty above ground level from the fourth underground level until May 31, 2018.