공사대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. A Co., Ltd. (hereinafter “A”) is a company specialized in reinforced concrete construction, and the Defendant is a company engaged in civil engineering work.
B. On February 20, 2013, the Defendant entered into a subcontract with the building owner C to subcontract the construction of reinforced concrete (hereinafter “instant construction”) with the supply price of KRW 970,000,000 (excluding value-added tax) during the construction period and the period from February 20, 2013 to June 20, 2013. On June 15, 2013, the Defendant entered into a contract with A to revise the terms of extending the construction period of the instant construction to July 15, 2013.
(hereinafter referred to as “instant contract”). Meanwhile, according to the instant contract, the payment for completed portion is paid in cash at the rate of 90% on the 20th of the following month at the end of each month, and the balance 10% is required to be paid within 45 days after completion.
C. On July 26, 2013, the F, which had been performing the instant construction by re-subcontracting the part of the molding construction work from late, late, and late, was agreed with A and the Defendant as follows (hereinafter “instant agreement”).
[Agreement] The amount of the existing contract amount of the Defendant Cooperative Party A F to the Defendant Cooperative Party A, if the principal contractor of the Ewebing Construction Project: The additional amount of KRW 970,000,000: KRW 280,000 (including food, equipment, materials)
1. Agreed F shall complete the reinforced concrete construction work (including the removal of all the materials after completion of construction objects, such as the mold, steel bars, concrete, non-generation construction work, temporary materials, miscellaneous materials, and miscellaneous stones, by August 23, 2013, until the additional recognized amount of KRW 280,00,00.
2. The defendant and A do not add the additional amount of recognition, the arbitr (F) shall be legally responsible for all civil and criminal charges, and the compensation for delay shall be paid daily when the construction period is delayed.