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Reasons
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(영문) 서울남부지방법원 2015.04.23 2014가합11018
공사대금
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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 70,109,851 as well as the full payment from December 7, 2013.

Reasons

Basic Facts

The Defendant was awarded a contract for the construction of the Kimcheon Quality Management Group (hereinafter “instant construction”) from the construction of Kimcheon Construction Co., Ltd. (hereinafter “Sapcheon”), and determined the commencement date on March 26, 2013; the completion date on October 9, 2013; and the contract amount on the contract amount of KRW 1,495,450,00 (including value-added tax).

On April 2, 2013, the Defendant concluded a supply contract for windows and glass materials necessary for the aforementioned construction (hereinafter “instant contract”) with the Plaintiff, a glass agency, as well as LGhaa Si’s Ho, as follows.

3. Contract name of the construction work: LGractains, window hold, etc.;

6. Period: April 2, 2013 from the commencement, and April 30, 2013 from the completion.

7. Contract amount: The daily gold, KRW 30,000,000,000 shall be deemed to be written in writing;

(Won 478,500,000)

8. Value of supply: Sum of KRW 435,000,000 (Won 435,000,000);

9. Value-added tax: On October 10, 200 million won in daily gold bullion (Won 43,500,000): The completed amount: On April 11, 2013, the deposit for performing the contract: 10% of the contract amount: 0.3% of the contract amount: The name of the construction project: the special contract for supplying material: 10% (43,500,000) for the supply of material, and the advance payment under paragraph (1) for the supply of material: on April 20, 2013, the Plaintiff supplied the material from April 11, 2013 to April 13, 2013 after consulting with the Defendant on the installation of creative materials, and after being supplied with the installation of the materials in accordance with the drawings for the instant construction project; and on April 20, 2013, the Plaintiff supplied all of the materials under the contract to the Defendant.

After completion of supply of creative materials, the Plaintiff and the Defendant agreed to change the amount of the instant contract to KRW 344,671,00 (excluding value added tax, but 379,138,100, including value added tax).

The Plaintiff claimed the payment five times on the basis of the weather stated in the following table.

The Plaintiff from the Defendant on April 17, 2013, KRW 47,850,00 (Advance payment) and April 17, 2013.

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