공사대금
1. The Defendant’s KRW 1,351,298,419 as well as 5% per annum from June 14, 2014 to January 8, 2015 to the Plaintiff.
1. Facts of recognition;
A. On July 20, 201, the Defendant awarded a contract for construction work of “C” (hereinafter “instant construction work”) which is the ground-based commercial building B (hereinafter “instant commercial building”) in Namyang-si, Namyang-si, with the construction cost of KRW 1,98,00,00 (excluding value-added tax) and the construction period of KRW 1,98,00,00 (excluding value-added tax) from July 20, 201 to August 30, 201.
In relation to the payment of the construction cost, the plaintiff and the defendant agreed as follows:
- The construction cost of the non-party company shall be, in principle, the credit construction work, but the remainder amount of KRW 800,000,000 shall be received by the non-party company and the remainder of the construction cost shall be settled by the substitute.
The settlement of a substitute shall be 120% of the sales price of the commercial building.
(Article 4. - Where the sales record is low and the sales record is unsold in lots within the business period, the non-party company shall take over the sales record in lots, calculated by the sales price under Article 4 as to the unsold sales record.
- In the event of sale in lots during the work progress, preferential payment shall be made.
(Article 6) The Plaintiff was awarded a subcontract for the instant construction project by the Nonparty Company.
B. On July 2, 2012, the Defendant drafted a letter of agreement with the Plaintiff and the Nonparty Company (hereinafter “instant letter of agreement”) on the remaining parts of the instant construction works. The main contents are as follows.
1. Of the construction cost of KRW 1,98,00,000 payable to the Plaintiff (hereinafter “Plaintiff”), the Defendant shall make advance payment of KRW 300,00,000,000, out of the sales balance of KRW 800,000,000 to the Smart Construction Co., Ltd. (hereinafter “ Smart Construction”).
2. 50,000,000 won, excluding the remaining 300,000,000 won in lots, shall be paid to the Plaintiff.
Provided, That the consultation period between the plaintiff and the plaintiff's subcontractor shall be 15 days, and if the consultation is not reached during that period, the defendant shall pay the plaintiff.