Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 242,595,566 to the Plaintiff (Counterclaim Defendant) and its related amount from November 8, 2016 to October 24, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On February 28, 2013, the Plaintiff entered into a construction contract with the Defendant, the owner of the construction project, under which the contract amount was 16.41 billion won (including value-added tax) for the construction of a new site neighborhood living facility outside 70-10 and nine parcels of land (hereinafter “instant construction project”) from the Plaintiff, the owner of the construction project, for the construction project, the contract amount of which is 16.41 billion won (including new buildings of this case; hereinafter “each building of this case”). On March 5, 2013, the Plaintiff entered into a contract for the construction project to be completed on September 30, 2013; on December 31, 2013, the amendment of the completion date of the instant construction project to March 31, 2014; and on March 12, 2014, the contract amount of which was modified to May 31, 2014, including each of the instant construction contracts to be reduced to KRW 1300 million (hereinafter “the contract”).
Standard contract for private construction works - Payment for completed portion: Payment for monthly construction cost on the basis of the base rate - Warranty (based on the detailed description of the Framework Act on the Construction Industry) - Interest rate for delayed payment: 1/1,000 of the contract amount; definitions of terms used under this condition are as follows:
7. The term "bill of quantity" means a detailed statement of items or items forming the objects by type of work, and the size, quantity, unit, etc. of the same items or items;
8. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;
Article 3 (Contract Documents) (1) Contract documents shall be comprised of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.
Article 18 (Supplementary Construction Works) (1) The plaintiff is a design during construction works executed by the defendant.