공사대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 246,475,088 to each of the Plaintiff (Counterclaim Defendant) as well as the amount from October 11, 201 to October 201.
1. Basic facts
A. On August 2010, the Plaintiff concluded a contract with the Defendants for construction works extending the area equivalent to KRW 1,600,270,000 for the 1,700,000 square meters for the 1,600,000,000 for the 1,700,000 square meters for the 5th floor E buildings in Ulsan-gu, Ulsan-gu (hereinafter “instant construction works”). The Plaintiff did not have a license for the instant construction works, and the Plaintiff did not lend a construction business license for TM construction (hereinafter “M construction”), and the Plaintiff drafted a contract for each construction work contract with the construction cost of KRW 550,00,000 for the TM construction, and the construction cost of KRW 1,50,000 for the TM construction division (excluding value-added tax).
However, each construction contract includes the following contents:
(1) Construction period: From August 20, 2010 (Date of Commencement of Construction) to March 20, 2011 (Date of Completion): The construction cost: Plaintiff 50,000,000, MM construction, 1,050,000,000, and the construction cost other than advance shall be appropriated from the rent after completion.
3. Execution by contract document: The plaintiff shall execute the construction project in accordance with the project approval drawings and specifications which have been finally authorized in addition to the main contract.
(4) Article 6(1). (4) The extension of the period of construction may, in the event that the performance of construction is delayed due to reasons not attributable to the Plaintiff, such as a reason attributable to the Defendants, a natural disaster or force majeure event, etc., require the Defendants to extend the period in writing. The Defendants shall not, upon approval, impose penalty for delay on the extension (Article 18(1) and (4)).
As above, the Plaintiff prepared a written contract for construction works with the Defendant using the construction cost of KRW 1,050,000 (excluding value-added tax) in the name of TM Construction, and entered into an agreement on March 1, 201 to change the construction cost of the said construction contract into KRW 1,00,000,000 (excluding value-added tax of KRW 1,00,000) (excluding value-added tax).
C. On October 10, 201, the Plaintiff completed and expanded the instant construction.