공사대금
1. The Defendant’s KRW 417,638,191 as well as the Plaintiff’s KRW 6% per annum from May 26, 2017 to August 31, 2017, and the following.
1. Basic facts
A. The Plaintiff is a company that engages in construction business, etc., and the Defendant is a person who engages in the housing construction business, etc. under the trade name of “C”.
B. On December 1, 2016, the Defendant filed a report on the commencement of construction of multi-household housing (E; hereinafter “instant building”) on the D ground (hereinafter “instant construction”) with the Mayor of Pakistan-si, Pakistan-si, Seoul, on December 1, 2016.
The report on the commencement of construction submitted by the Defendant is written by the contractor in F Co., Ltd. (hereinafter referred to as “F”), the contract amount of which is KRW 460,000,000, and is accompanied by the contract document (Evidence 6) written by the Defendant and F.
C. On December 15, 2016, the Plaintiff and the Defendant: (a) drafted a contract agreement for construction works (Evidence A No. 1; hereinafter “instant contract agreement”) with the Defendant as the contractor and the Plaintiff as the contractor, with respect to the instant construction works, as follows:
1. A project owner: C;
2. Contract name of the contractor: The construction of a new loan system in the Gyeonggi-do Pakistan;
3. Construction site: Pakistan-si of Gyeonggi-do.
4. Period of construction: Amount of 899,800,000 won on April 15, 2017, as of December 15, 2016, the date of commencement: Value-added tax of 0 billion won: 818,00,000 won: 81,80,000 won.
6. Conditions for the payment of price;
(a) 20 per cent of advance payments, 30 per cent of the first intermediate payments (at the time of completion of reinforcing bars), 30 per cent of the second intermediate payments (at the time of completion of outwards), 20 per cent after completion;
(b) The completed amount: C conditions;
7. Warranty bond rate: 2%;
8. Warranty liability period: One year after completion.
9. The rate of liquidated damages: 0.001% per day.
D. On April 25, 2017, the Defendant applied for the approval of the use of the instant building to the Mayor of Pakistan, and on May 25, 2017, the registration of the preservation of ownership of the instant building was completed.
E. From December 16, 2016 to July 20, 2017, the Plaintiff received a total of KRW 762,491,886 from the Defendant on 63 occasions, as indicated in the attached Table of Results of the Inquiry into Details of the Transactions of Deposits and Deposits.
Gap evidence No. 5, which is related to each remittance set forth in No. 12-15, 17-19, 38, 39, 43-47 from the aggregate of the remittances of Eul evidence No. 2 to 762,498,86.