공사대금
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from June 16, 2018 to November 22, 2018, with respect to KRW 29,812,276 to the Plaintiff (Counterclaim Defendant).
1. In the event that the Plaintiff fails to complete the construction within the construction completion period, on May 1, 2018 to July 10, 2018, the amount calculated by multiplying the contract amount by 2.5/1,000 for delay by the rate of 2.5/1,00 for each number of days of delay.
On April 18, 2018, the Plaintiff concluded a contract for the management of construction works (hereinafter “the instant construction contract”) with respect to the instant construction works with the Defendant, the owner of the building, and the Gyeonggi-gu Housing Construction Corporation (hereinafter “instant construction works”).
B. On April 27, 2018, the Plaintiff received KRW 50 million from the Defendant, KRW 20 million on May 9, 2018, KRW 5 million on June 8, 2018, and KRW 85 million on June 15, 2018.
C. On June 2018, the Plaintiff completed the construction of a foundation, a structural frame, outer wall, roof, and outer roof, and completed part of the internal construction work.
From May 17, 2018, the defendant requested another company to perform construction works, such as windows, electricity, and implements, and internal works, and completed around November 2018.
[Reasons for Recognition] Facts without dispute, Gap 2, 4, 5, 6, 9, 10 evidence, Eul 1 and 2 evidence or video, the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Defendant requested the Plaintiff to install internal materials as high-quality materials from the beginning of June 2018, around the time when the Plaintiff started the internal construction work.
The Plaintiff demanded the Defendant to bear additional costs when using high-class materials differently from the contract.
However, on June 21, 2018, the Defendant unilaterally declared the termination of the instant construction contract and carried out construction work.
The Plaintiff spent KRW 114,812,276 as material purchase and personnel expenses while performing the instant construction project.
The defendant shall pay to the plaintiff KRW 29,812,276 (=the above KRW 114,812,276 - the already paid KRW 85,00,000).
B. The Plaintiff unilaterally suspended construction work in June 2018, and the Defendant’s request on June 15, 2018.