공사대금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding KRW 1,218,585,165 as to the defendant.
1. Basic facts
A. The Plaintiff is a company established for the purpose of building construction business, etc., and the Defendant (AJ) is a company established for the purpose of funeral home business, charnel house rental business, etc.
B. On July 23, 2008, the Plaintiff and the Defendant were awarded a contract with the Defendant for construction work of the winghouse and funeral hall building (including landscaping, packing, fence installation work; hereinafter “instant construction work”) on both the 1,000 won and the 25,400,000 won in advance, and the period of construction from July 23, 2008 to November 30, 2008, respectively, with the interest rate of delay penalty of 1/1,000 in advance, and the Defendant agreed to pay the Plaintiff the above construction work price of 2 billion won in advance to the Plaintiff with the 1,000 won underground floor and 2,1,000 won above above ground and the 2,500 billion won in advance, excluding the amount of 6,500,000 won in advance payment, and the remaining 2,50,000,000 won in advance payment after completion of construction work.
(hereinafter “instant primary contract”). C.
On November 25, 2008, the Plaintiff entered into a contract with the Defendant to modify the terms of the instant first contract with the effect that the advance payment of KRW 344 million is KRW, the period of construction from July 23, 2008 to March 26, 2009, and the payment of construction amount of KRW 2 billion as a substitute for the construction amount of KRW 2 billion in the underground floor of KRW 200 billion.
(hereinafter “instant secondary contract”). D.
On November 26, 2009, the Plaintiff changed the construction period from July 23, 2008 to February 15, 2010, and entered into a contract with the Defendant for a special agreement as follows: (a) the construction cost of the instant contract is KRW 4.47 billion; (b) the advance payment is KRW 100 million; and (c) the construction period is extended from July 23, 2008 to February 15, 2010; and (d) the contract under
hereinafter referred to as "the case."