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1. A deed drawn up by C on January 8, 2018 by a notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.
Reasons
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. The Plaintiff is a company whose principal purpose is the construction business, etc., and the Defendant is a company whose main purpose is the design waterproof and design construction business, etc.
B. On June 12, 2015, the Plaintiff entered into a subcontract. On June 12, 2015, the Non-design Flood Control Construction Works (hereinafter “instant First Construction Works”) among the construction works that newly build G houses to the Defendant of Naju City D block E or F.
(1) From June 12, 2015 to December 31, 2015, the construction period of construction is set at three percent of the construction cost of the warranty bond, and three years from the completion date of the warranty period (hereinafter “instant first subcontract”).
The Plaintiff and the Defendant changed the construction cost and completion period of a part of the block construction, and finally changed the completion period of construction to the block H, I, and J on April 30, 2016, and the completion period of construction to the block E on May 30, 2016, respectively, and settled the total construction cost of KRW 71,570,00 (including value-added tax). [The Plaintiff: (a) led to the confession of the fact that the first subcontract was concluded with the Defendant, but on December 4, 2018, the Plaintiff asserted to the effect that the said confession was revoked; (b) however, the Plaintiff’s confession described in the evidence No. 9-2, 3, and No. 12-1, 12-1, and 12-12, are contrary to the truth and there is no other evidence to acknowledge that the confession was made due to mistake; and (c) there is no effect to revoke the confession.
(2) The Plaintiff was awarded a contract from L Co., Ltd. for the construction of a new N apartment on the 10 parcel, the Jeonbuk-gun M, and the construction of a new N apartment. On September 1, 2016, the Plaintiff: (a) decided on September 1, 2016 that the construction cost of the aforesaid construction work (including value-added tax) was KRW 908,00,000 (hereinafter “instant construction work”); and (b) the construction period was from September 1, 2016 to September 29, 2017 (hereinafter “instant second subcontract”); and (c) subcontracted to the Defendant on September 1, 2017.