Text
1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 28,612,745.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On December 5, 2014, the Treatment Industry Development Co., Ltd. (hereinafter referred to as “Treatment Industry Development”) contracted to the Plaintiff on December 10, 2015, the construction of “B regional housing association apartment” (hereinafter “instant new construction”) with the construction cost of KRW 2,084,806,404 (including value-added tax) and the construction period of December 8, 20104 through September 30, 2015. On June 10, 2015, the Plaintiff subcontracted to the Defendant the construction of household facilities (soil) among the new construction works (hereinafter “instant construction”).
(hereinafter referred to as “instant subcontract”). Construction amount: 190,00,000 won (excluding value-added tax): Period from June 10, 2015 to July 15, 2015 (the ceiling period shall be considered)
1. Agreed quantity and details: The whole of the family facilities works under the design documents;
4. When the defendant did not properly proceed with the above construction, the plaintiff voluntarily proceeded with the construction work, and the defendant will compensate for the plaintiff's damage resulting therefrom for civil, criminal, and all other damage.
Provided, That all of the equipment and materials of the defendant shall be expropriated by the plaintiff and used at his/her discretion, and returned after completion of construction, and the plaintiff shall not move without consent.
5.In connection with this Agreement, a dispute shall be dealt with under mutual consultation, and the defendant shall not be allowed to suspend or temporarily dispose of the work and engage in any civil or criminal act.
6. When the Defendant does not make the construction progress, the Defendant may not raise any objection, even if the Plaintiff, while carrying a separate device for the smooth progress of the construction work, even if he/she is performing the construction work.
7. A claim for construction cost shall be filed with the Plaintiff by the third day of the following month after the completion of the pertinent month, and the settlement shall be 60 days after the payment shall be made to the Plaintiff within 10 days after the payment for the completed portion pursuant to the claim of the Treatment Industry Development, the principal contractor, was made.
B. The Defendant’s instant subcontract by September 30, 2015, pursuant to the instant subcontract agreement.