손해배상 등
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 244,232,578 among the Plaintiff’s counterclaim and KRW 138,195,80 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant) shall have the effect on April 25, 2017.
1. Basic facts
A. The Plaintiff is a contractor for the instant construction work (hereinafter “instant construction”) that constructs a detached house and neighborhood living facilities (hereinafter “instant building”) on the land of Gangwon-do class D, Gangwon-do, and Defendant B is the contractor for the instant construction work.
Defendant C is a major shareholder of Defendant B.
B. (1) On May 18, 2015, the Plaintiff entered into the instant initial contract with Defendant B (hereinafter referred to as “instant initial contract”). As to the instant construction project, “the construction period: from May 26, 2015 to November 30, 2015; the construction cost: KRW 1.05 billion (value-added tax separate; hereinafter referred to as “value-added tax separate”) is stipulated as “the instant initial contract” (hereinafter referred to as “instant initial contract”).
(2) On the other hand, the Plaintiff and Defendant B drafted a written agreement stating that “the construction cost shall be determined as KRW 1.5 billion and the construction cost shall be KRW 70 million for the purpose of submitting it to the competent authority on the same day,” and the written agreement stating that “the construction cost shall be determined as KRW 1.5 billion, but the written contract for the construction cost shall be determined as KRW 70 million for the submission of the commencement report.”
C. 1) On November 23, 2015, the Plaintiff and Defendant B entered into the first revised contract with respect to the instant construction works, which extended the completion date of the construction period to May 30, 2016. (2) On January 2016, Defendant B sent to the Plaintiff a detailed statement of the purport that the construction amount would be increased to KRW 1.88 billion, while partially amending the instant construction works.
3) On February 17, 2016, the Plaintiff and Defendant B entered into the second modified contract with the effect that the completion date of the construction period was extended on June 30, 2016 on the ground of “design modification and Additional Construction” as to the instant construction work, and that the construction cost was increased to KRW 1.32 billion (including value-added tax) (hereinafter collectively referred to as “the instant first contract and the second modified contract”).