(영문) 서울중앙지방법원 2017.06.28 2015가합542100

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(영문) 서울중앙지방법원 2017.06.28 2015가합542100

공사대금

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1. The Defendant (Counterclaim Plaintiff) paid KRW 97,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 1, 2015 to June 28, 2017.

Reasons

. The counterclaim shall also be deemed to be a counterclaim;

1. Basic facts

A. On July 1, 2014, the Plaintiff entered into a contract with the Defendant for the construction period of KRW 3,795,000 for the construction cost from July 1, 2014 to September 20, 2014 (hereinafter “instant construction contract”), and the main contents thereof are as follows.

The purpose of Article 1 (Purpose) of the Contract for Construction Work in this case is to prescribe all the matters agreed upon by the Defendant to the Plaintiff, the contractor, as the contractor, as the contractor.

Article 3 (Construction Name and Place of Construction) The construction name and place of construction contracted by the contractor to the contractor by the contractor shall be as follows:

* The name of the construction: The name of the construction project and the name of the public corporation * the site of the construction project: the date of commencement of the construction project on July 1, 2014, and the date of completion of the construction project on September 20, 2014, under Article 4 (1) of the building being newly constructed on one parcel, other than land B in Ulsan Metropolitan City, Nam-gu, Seoul Metropolitan City.

(2) After completion, the Plaintiff shall transfer the building to the Defendant by September 26, 2014, after completing materials and waste removal, cleaning, etc. in the construction site so that the Defendant can use the building in compliance with the use of the flag.

Article 6 (1) Construction Costs are KRW 3,795,00,000, including value-added tax of KRW 345,000,000.

(2) The construction cost under the preceding paragraph is determined by the total amount of the construction cost, and the Plaintiff may not claim additional construction cost to the Defendant under any pretext (including design modification, additional construction, price increase, etc.) unless written consent is obtained from the Defendant.

Article 7 (1) (Payment of Construction Price) (1) The defendant shall pay the plaintiff an advance payment of KRW 379,500,000 (including value-added tax).

(3) The construction cost after the conclusion of this contract shall be as follows:

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