공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 52,184,600 to the Plaintiff (Counterclaim Defendant) and its related amount from December 29, 2015 to June 27, 2016.
1. Comprehensively taking account of the overall purport of arguments in the statements in Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, and Eul evidence No. 3, the plaintiff and the defendant are corporations that run each construction business, etc., ② the plaintiff received sewage from the defendant on Mar. 20, 2014 (hereinafter "the instant construction work") from the defendant on Mar. 20, 2014; ③ the instant construction contract was concluded on Mar. 18, 2014 to be completed on Aug. 31, 2014 after the commencement of March 18, 2014; the deadline for completion has been postponed on Sept. 30, 2014; ④ The instant construction work is final and conclusive on Jan. 27, 2015; and there is no counter-proof.
2. Determination as to the claim on the principal lawsuit
A. The Plaintiff asserts that the Defendant is obligated to pay the construction cost to the Plaintiff, as the Plaintiff demanded that the Plaintiff perform additional construction works while the instant construction works are in progress, and the Plaintiff paid a separate material cost and labor cost to proceed with the said construction works.
B. Therefore, comprehensively taking account of the overall purport of the arguments in the statement No. 4, Gap evidence No. 6-1, and No. 6-2, the plaintiff added 10 additional construction works, such as eco-friendly tons and typtons, belts, and drilling, at the request of the defendant during the construction work of this case, and the construction cost that the plaintiff is obligated to receive from the defendant can be acknowledged as constituting 52,184,600, respectively, and there is no counter-proof.
C. Thus, the defendant is liable to pay the above additional construction cost of KRW 52,184,600 and damages for delay to the plaintiff, unless there are special circumstances.
I would like to say.
3. Determination on set-off and counterclaim claim
A. The Defendant is the cause of the instant counterclaim and the fact that the Plaintiff did not complete the construction work within the construction period, and completed the construction work on January 27, 2015. Therefore, the Plaintiff is liable to compensate the Defendant for delay stipulated in Article 27 of the Construction Contract Agreement under the Framework Act on the Construction Industry.