공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 35,533,440 to the Plaintiff (Counterclaim Defendant) and its related amount from January 8, 2016 to October 13, 2017.
1. On November 23, 2015, the Plaintiff entered into a contract with the Defendant to accept a subcontract for interior stairs and outer walls (hereinafter “instant building”) among the new construction works of Seodaemun-gu Seoul and D (hereinafter “instant building”) on the following terms (hereinafter “instant building contract”). A. The Plaintiff entered into a contract with the Defendant to accept a subcontract for interior stairs and outer walls (hereinafter “instant building”).
Construction cost: 68 million won
B. (1) Payment of 30% of the construction cost after the contract is completed (2) Payment of 40% of the construction cost after completion of outer wall construction (3) Payment of the remainder after completion of construction completion;
C. Construction period: From December 5, 2015 to December 30, 2015, the Plaintiff’s construction leader E was performing a stone construction work on the first floor at the construction site pursuant to the instant contract. However, F, who was entering into a subcontract for a building outer wall rupture construction work at the same construction site at the same time, began to remove it to recover safety signs installed and used for the said construction after completing the construction work.
Accordingly, E suspended construction work and completed it on the site by determining that it is difficult to perform construction work any more at the construction site than at the risk termination, such as the decline of safety display at its head.
From E, the Plaintiff’s representative director G asked the Defendant to the effect that the Plaintiff’s representative director G calls to the effect that “if the safety launch plate is removed, it shall not be changed unless there is a safety launch plate.”
Accordingly, the defendant returned to the construction site that he could not go to a travel for three days at the construction site, and the defendant demanded the plaintiff to resume the construction work on December 14, 2015.
Accordingly, Plaintiff H and I, etc. entered the construction site on December 15, 2015 and December 18, 2015 to resume work. However, the Defendant had already been engaged in another company and prevented Plaintiff from performing the remaining work, and cancelled the instant contract to the Plaintiff on December 18, 2015.