공사대금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 85,064,854 as well as its full payment from April 18, 2018.
A principal lawsuit and a counterclaim shall be deemed to be combined.
1. Basic facts
A. On August 27, 2015, the Plaintiff entered into a contract for construction works with the Defendant for reinforced concrete construction works (hereinafter “instant construction works”) among the construction works for 468-4 urban-type residential housing units (studio) located in the Government Howon-dong 474,906,800 (the supply price of KRW 870,000,000, value-added tax 4,906,800).
The date of completion under the instant construction contract was May 31, 2016; the rate of liquidated damages was 0.3% (2,624,720 won) of the construction cost per day per the number of delayed days; and the payment of the construction cost was made every month by the Plaintiff’s filing a claim for the payment of the construction cost to the Defendant at the end of the end of each month; the Defendant paid it in cash by the 25th day of
B. After being awarded a contract with the Defendant for the instant additional construction works (hereinafter “instant additional construction”). From December 31, 2015 to May 31, 2017, the Plaintiff issued to the Defendant a tax invoice equivalent to KRW 1,042,258,182 in relation to the instant construction and additional construction, as indicated in the details of issuance of the tax invoice.
C. From December 17, 2015 to October 27, 2016, the Defendant paid to the Plaintiff totaling KRW 909,180,328 as the construction cost of the instant construction project and the instant additional construction project, as indicated in the deposit details of the construction cost in attached Form, to the subcontractor. On behalf of the Plaintiff, the Defendant agreed to pay the Plaintiff totaling KRW 48,013,00 to the subcontractors of the instant construction project or additional construction.
On the other hand, the construction of this case and the additional construction were completed at present.
[Ground of recognition] Facts without dispute, Gap evidence 2-9 evidence, Eul evidence 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. The plaintiff completed all of the instant construction and additional construction works contracted by the defendant. The total construction cost of each of the above construction works is KRW 1,053,542,043. The construction cost of the instant construction work is KRW 874,906.