공사대금 및 계약 외 추가비용
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The gist of the Plaintiff’s assertion 1) The Plaintiff and the Defendant around October 2015 (hereinafter “instant construction”) among the electrical construction works (hereinafter “instant construction”).
with respect to the contract amount of KRW 624,585,00 (excluding value-added tax) and the contract term from October 20, 2015 to February 28, 2016 (hereinafter “instant contract term”).
(2) The construction period was extended until September 13, 2016. The Plaintiff filed a lawsuit against the Defendant seeking additional construction costs, etc. following the extension of the construction period. On August 18, 2016, the Plaintiff and the Defendant agreed to complete the instant construction work by September 13, 2016, with the Plaintiff paid KRW 170,000,000 from the Defendant and the Plaintiff agreed to complete the instant construction work by September 13, 2016. However, the instant construction was delayed due to the postponement of the preceding construction period, and the Plaintiff could complete the instant construction work on December 31, 2016.
Therefore, from September 14, 2016 to December 31, 2016, the Defendant is obligated to pay the Plaintiff KRW 20,700,00 for additional construction costs, KRW 8,412,00 for four insurance premiums, KRW 1,430,50 for safety supplies and expendable materials, KRW 57,439,00 for management expenses of the head office, KRW 21,980,034 for additional expenses, and KRW 62,689,269 for unpaid progress payment, KRW 172,651,253 for additional construction costs.
B. On August 18, 2016, the Plaintiff and the Defendant agreed to settle all claims and obligations that the Defendant would pay KRW 170 million to the Plaintiff regarding the instant contract (hereinafter “instant agreement”).
(2) On September 12, 2016, the Defendant paid KRW 187,00,000, including value-added tax, to the Plaintiff on September 12, 2016. Accordingly, all claims and obligations arising from the instant contract were settled. (2) The Plaintiff asserted that the additional construction was performed from September 14, 2016 to December 31, 2016, but the Plaintiff did not perform the additional construction except for the reconstruction due to the defective construction amount as stipulated in the instant agreement, and thus, the Plaintiff’s money for which the Plaintiff seeks payment was paid.