공사대금
1. The Defendant (Counterclaim Plaintiff) shall pay 809,013,000 won to the Plaintiff (Counterclaim Defendant) and its payment from November 1, 2012.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company established for the purpose of civil engineering, construction work, etc.
B. The Defendant concluded a contract for the construction of a new building on the 7th floor and the 1st underground floor in the Jeonju-si, Jeonju-si (hereinafter “instant construction”), but the contract for the construction of a new building on the 1st underground floor was terminated during the Domination.
C. After October 4, 2010, the Defendant: (a) concluded a contract with the Plaintiff for the instant construction work as KRW 2,694,890,00 (including value-added tax); and (b) concluded a contract with the Plaintiff to conclude the instant construction work because the Plaintiff was a part of the non-fluoring construction work (hereinafter “instant contract”); and (c) concluded a modified contract with the Defendant to increase the construction amount to KRW 2,860,50,000 (including value-added tax) on March 9, 201 by reflecting the increase in expenses due to the change in the type of part at the Defendant’s request.
On April 12, 2011, the Plaintiff urged the Defendant to pay the unpaid construction cost, but the Defendant suspended the instant construction from the 25th day of the same month when the Defendant did not comply therewith, and thereafter, disputes over the payment of the construction cost between the Plaintiff and the Defendant continue to exist, and the Defendant occupied the instant construction site from May 23, 201.
E. Since then, the Defendant awarded a contract for the remainder of the instant construction to Seongdong Comprehensive Construction Co., Ltd. to complete the construction again, and the Defendant completed the registration of ownership preservation in the name of the Defendant on August 22, 2011, with respect to the 7th floor above the front city B and the 1st floor above the front city.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 16, Eul evidence Nos. 5 and 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. The plaintiff.