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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff), .
Reasons
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The plaintiff is a company with the purpose of interior decoration construction business, and the defendant is a company with the purpose of housing construction business, building construction business, etc.
B. The Defendant was awarded a contract with the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”). The Plaintiff received a subcontract from the Defendant for the part of reinforced concrete construction among the said construction works as KRW 3,565,100 (including value-added tax 324,100,000) during the construction period from August 20, 2012 to December 30, 2012.
(hereinafter “instant construction project”). C.
On April 25, 2013, the Plaintiff filed a lawsuit with the Fair Trade Commission against the Defendant on the ground of unfair subcontracting practices, such as payment of subcontract price.
On August 23, 2013, the Plaintiff and the Defendant made an agreement with the following terms (hereinafter referred to as “instant agreement”) regarding the settlement amount as KRW 1,174,680,62 of the instant construction works, and the contract amount as KRW 2,961,569,654 of the said contract amount by deeming the said parts as the secondary construction works, and the construction cost as the total amount of KRW 4,136,250,276 of the construction cost (hereinafter referred to as “instant construction cost”).
Details of consultation
1. The settlement contract for the primary construction project shall be fixed at 2,961,569,654 terms and conditions as the contract amount for the secondary construction project;
2. The Plaintiff shall observe the absolute air prior to consultation.
(Observance of Standards for Contract Terms). 3. After the occurrence of settlement ( August 23, 2013), the settlement reflect after consultation.
4. The terms of the agreed amount are composed of the conditions that would not raise any objection against the enemy 600 million on the side of G&C. 5. The details of the base month as of the end of July among the criteria presented.
6. Of the specifications, construction costs (contract standard preparation) shall be increased or decreased according to the contract volume settlement, on condition that other terms and conditions than the contract and other (work cost), etc. shall be improved.
7.8.23 On and after the date, operations shall comply with the fairness of the contract and shall be in accordance with Article 24.1 of the General Conditions for the Subcontract.
8. Requests the settlement of accounts to be submitted on August 6, 2013.