공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 201,862,642 to the Plaintiff (Counterclaim Defendant) and its amount from May 20, 2014 to November 29, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On November 10, 201, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with Defendant (Co., Ltd.) on the land for the construction of the Defendant’s fishery product processing plant (hereinafter “instant building”) on the land outside Gangseo-gu, Busan and 13 lots for construction period from November 14, 201 to July 31, 2012, with the construction period of construction of KRW 4,350,000 (i.e., the construction cost of KRW 560,000,000 in total) (i.e., the portion of the site development project for KRW 3,7901,00,000 in the portion of the building site construction project for KRW 560,00 in total and KRW 560,00 in the portion of the building site construction project for KRW 3,7901,000,000 in addition to value-added tax).
Since then, the Plaintiff and the Defendant changed the completion period of the instant construction to September 30, 2013.
B. The Plaintiff completed the instant construction, and the approval for use of the instant building was completed on May 19, 2014.
C. The Defendant paid to the Plaintiff the total amount of KRW 4,350,000 (excluding value-added tax) agreed upon in the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff’s additional construction work equivalent to KRW 902,884,091 due to the design change, etc. while performing the instant construction work, the Defendant is obligated to pay the Plaintiff the remainder of KRW 565,956,529, which remains after deducting KRW 336,927,562 of the Plaintiff’s repair cost for the defective and non-construction parts from the above additional construction cost (i.e., KRW 902,884.091 - KRW 336,927,562) and damages for delay.
B. Defendant 1) The additional construction that the Plaintiff asserted that the Plaintiff was implementing cannot be deemed to have arbitrarily performed without the Defendant’s request, and there is no agreement to pay the additional construction cost. (2) The Plaintiff failed to comply with the original term of completion on July 31, 2012, and the Plaintiff’s obligation to pay the penalty for delay ceases to exist solely on the basis of the agreement to change the term of completion to September 30, 2013.