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1. The Defendant’s KRW 11,880,751,288 and KRW 11,137,038,960 among the Plaintiff and the Plaintiff’s KRW 743,712,328.
Reasons
1. Basic facts
A. (1) On May 10, 2006, the Plaintiff and the Defendant concluded each of the instant construction contract and each of the instant changes contract (hereinafter “instant construction work”) with respect to the Jeju D amusement Park Construction Work that creates hotel, swimming pool, casino, container, etc. on the Jeju-si Day on May 10, 2006, the Defendant as the contractor and the Plaintiff as the contractor and the contractor for the construction period from May 19, 2006 to November 18, 2008, and the total contract amount of KRW 44,849,00,000 [the instant construction work” among the instant amusement park construction work (hereinafter “instant construction work”).
A) As to the contract amount, the contract amount is KRW 37,69,00,000, and the contract amount is KRW 7,150,000 for the land-based construction work (hereinafter “instant contract for the construction work”). Article 25(2) of the instant contract for the construction work provides that “The Defendant shall pay the Plaintiff the contract amount at the same time with the delivery of the object of the contract, unless otherwise stipulated.”
(2) The instant construction contract was concluded seven times in total (hereinafter “each of the instant construction contracts”) with respect to the instant construction contract (hereinafter “each of the instant construction contracts”) (hereinafter “each of the instant construction contracts”). From February 3, 2009 to February 28, 2009, the contract amount was changed by separately prescribing the construction period by type of amusement park construction work from February 3, 2009 to February 28, 2009, with respect to the instant construction project, the contract amount was changed by 38,753,70,000,000, and the date of completion by February 28, 2009; the contract amount was changed by 75,70,000,000,000 won and the land site was changed by 70,501,000,000 won and 75,301,000,000 won.
(3) The Plaintiff and the Defendant agreed, as above, that “All the terms and conditions of the contract prior to the amendment shall be part of this contract with respect to matters not specified in this contract,” and on February 9, 2009, upon entering into the third amendment contract, they agreed as follows with the separate special contract terms (hereinafter “instant special contract terms”).
1. The case.