공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 87,318,948 to the Plaintiff (Counterclaim Defendant) and its amount from June 14, 2016 to November 24, 2016.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts under the basis of facts may be found either in dispute between the parties or in accordance with Gap evidence 1 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 2, together with the whole purport of the pleadings.
1) On March 2013, the Plaintiff (the trade name before the change: Hoho CC Co., Ltd.) is a building A (hereinafter referred to as the “instant building”) from the Defendant for Pakistan around March 2013.
(i) the construction of electric cables and cables (hereinafter referred to as “instant construction”)
A) A contract was concluded between the construction cost of KRW 524,895,000 (excluding value-added tax), and the construction period from March 16, 2013 to November 30, 2013. The labor cost of the father was paid by the Defendant and the materials necessary for the instant construction work also agreed to supply the said materials by the Defendant (hereinafter “the instant construction contract”).
2) Of the instant construction contract, the part related to the instant case is as follows. In its content, “A” and “B” refer to the Defendant and the Plaintiff respectively.
Article 2 (Construction, etc.) (2) The term "B" shall, even if not specified in design documents, be executed for a minor change in the construction work at the request of the ordering authority or for a structural construction work.
Article 12 (Payment of Price) (4) "A" shall be paid each month after ascertaining the cost evidence and the fairness rate.
- In accordance with the procedure for the settlement of accounts, “A” may give necessary instructions concerning the payment of wages to “B”, and where “B” does not comply with such instructions or is in arrears with wages, “A” may directly pay wages.
B. The Plaintiff, while implementing the instant construction, submitted to the Defendant on May 21, 2013 a letter of waiver that “the Corporation waives the construction due to a shortage of operating funds,” and then suspended the instant construction from that time.
2. The assertion and judgment
A. The Plaintiff’s assertion 1 by the parties concerned is the instant case until May 21, 2013.