손해배상(기)
1. The Defendant (Counterclaim Plaintiff) paid KRW 287,909,921 to the Plaintiff (Counterclaim Defendant) and its related amount from August 1, 2014 to December 5, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 5, 2013, the Plaintiff entered into a contract between the Plaintiff and the Defendant (i) the construction of a new hotel in Dongdaemun-gu Seoul and C hotel in Dongdaemun-gu (hereinafter “instant construction”).
Of the construction and interior works, the contract amount of KRW 3,170,000,000 (excluding value-added tax) and the contract for construction works to be awarded to the Defendant on June 5, 2013 through December 30, 2013 (hereinafter “instant contract”).
(2) At the time of the instant contract, a detailed statement (Evidence A No. 7-1) specifying the details and volume of construction at the time of the instant contract was included in the terms of the contract, and accordingly was excluded from the following construction works within the scope of the construction.
In the instant contract, the following provisions are stipulated in relation to the adjustment of the contract amount in relation to the rental business (authorization, permission, civil petition, electricity, facility, other facilities), landscaping (building application, construction work), external pair lines, non-development electric power meter, dplate, splate, floor heat construction, external heat construction, framed construction, septic tank construction (including machinery facilities), movable-type household, external lighting), and the contract amount in relation to the adjustment of the contract amount. Article 16 of the contract for construction work (i) the adjustment of the contract amount due to a modification of design does not coincide with the condition of the site, or if there is an unclear, error, omission, or omission, or if the project plan has been revised or revised.
(2) When an increase or decrease in construction volume occurs due to the changes in design under paragraph (1), the contract amount shall be adjusted according to the following standards:
1. The unit price of the increased or decreased construction works shall be based on the unit price indicated in the detailed statement of construction price referred to in Article 6;
2. The unit price for a new item not included in the detailed statement of construction price shall be the unit price calculated as at the time of designing; and
3. The rate indicated in the calculation sheet shall apply to the general management expenses and profits concerning increased or decreased construction works;
(b)a modified contract;