공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 40,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from September 7, 2019 to November 5, 2020.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On July 12, 2018, the Plaintiff, as a person engaged in the construction business under the trade name of “C,” entered into a subcontract with the Defendant on the terms that “D Company E Pant Excurcur C-D Work” (excluding value-added tax) contract amounting to KRW 260,000,00, out of which 30% advance payment should be submitted, after advance payment and performance guarantee insurance policy was submitted, 40% of progress payment should be confirmed at least 60% of the progress progress rate, and within 15 days after the business owner’s relevant payment, 20% of progress payment should be confirmed at the rate of progress rate of 10%, and 10% of the remainder after the business owner’s payment was made, and each of them should be paid after submission of a certificate of completion of examination obtained by the business owner or the Defendant’s PM’s submission of defect performance guarantee certificate (hereinafter “instant construction contract”).
B. On July 31, 2018, the Plaintiff issued a tax invoice for KRW 78,000,000 equivalent to 30% of the contract amount as an advance payment under the instant construction contract. On August 10, 2018, the Defendant paid the Plaintiff KRW 85,80,000 (=78,000,000,000) by adding the value-added tax of KRW 10% to the said advance payment of KRW 78,000,000,000.
C. On November 22, 2018, the Plaintiff sent the Defendant’s e-mail, the head office of the instant construction site, one-time request for objection with the following contents, and F sent the said request for objection to the staff in charge of the Defendant’s head office.
On November 26, 2018, the Plaintiff issued a tax invoice of KRW 92,00,000 to the Defendant. On November 30, 2018, the Defendant paid KRW 101,200,000 to the Plaintiff (= KRW 92,00,000,000) by adding the value-added tax of KRW 10% to the above progress payment of KRW 92,00,000 to the Plaintiff.
C Written claim for objection
1. Contract name: D company Written estimate Doese Civil Construction;
2. Contract amount: The amount of daily interest rate of KRW 260,000,000 (Won 260,000,000);
3. Date of contract: A stock company B on July 31, 2018.
5. Ratio of primary claim: 40% of the modified contract amount.
6. Accompanying documents: A detailed statement of claims for weather C, added tax to those of claims for weather.