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1. Of the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) equivalent to the amount ordered to be paid additionally below.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The ordering person of the instant construction contract: The name of the main contractor for the instant construction project: The name of the subcontracted construction project for the main complex C: The name of the subcontracted construction project: The contract for the construction project for the area other than D: from April 1, 2015 to July 30, 2015: the contract amount: 530,469,900 won (including value-added tax) for delay: 0.2% on April 1, 2015, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with the Defendant and C main complex construction project with respect to the following subcontracting contract (hereinafter “instant construction project”).
(b) any amendment to the original contract under Article 2 (Amendment of the Contract) of the conclusion of the modified contract is:
Article 3 (Effect of Contract) Article 3 (Effect of Value-Added Tax) of the Agreement on April 1, 2015 to July 30, 2015, the term of the original revised contract amounting to KRW 530,469,90,00, KRW 753,723,404, the revised contract amounting to KRW 753,723,404 (including value-added tax) shall have the effect of all the original contract (revision) other than
On June 29, 2015, the Plaintiff and the Defendant concluded a modified contract (Evidence A 5; hereinafter “instant modified contract”) with the following content on the grounds of the increase in the volume of PHC file works.
C. 1) Of KRW 753,723,404 of the instant construction cost, the Defendant transferred the claim for construction cost of KRW 87,692,100 to J and notified the Plaintiff thereof. 2) The Plaintiff paid the Defendant the sum of KRW 709,125,084 (i.e., KRW 681,493,084 that was paid to the Defendant (i.e., KRW 27,632,00 that was paid directly to the Defendant’s subcontractor).
3) There is no dispute between the parties that the Defendant received the payment from the Plaintiff in excess of KRW 43,094,780 (i.e., KRW 753,723,404 (i.e., KRW 87,692,100 - ② KRW 709,125,084) as the construction price of the instant case.