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1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On June 23, 201, a lot construction corporation (hereinafter “slun Construction”) contracted to the Defendant the “construction work for administrative and maintenance facilities from among the facility construction works in the original KA-1 unit” (hereinafter “original contract construction”) at KRW 2,794,00,000 (including value-added tax).
B. On May 30, 2012, the Defendant: (a) concluded a subcontract with the Plaintiff on May 30, 2012 with the price of KRW 187,000,000 (including value-added tax) and the construction period from May 30, 2012 to June 30, 2012, of the said construction work, for the Plaintiff’s “air-line, day-line, off-line, off-line, and water supply and other appurtenant construction (including earth and sand)” (hereinafter “instant subcontracted work”).
(hereinafter referred to as “instant subcontract”). (c)
According to the instant subcontract, ① an advance payment of KRW 80,000,000 among the construction cost shall be paid within 20 days after the conclusion of the contract (in proportion thereto within five days from the date of receiving the advance payment from the ordering person or the date of the contract), ② an advance payment of KRW 100,000,000 on July 12, 2012, and an advance payment of the balance and settlement balance on July 30, 2012 after the completion of the contract, and ③ an adjustment and payment of the price following a change in design, economic situation, etc. shall be adjusted according to the content and proportion thereof within five days from the date of receiving the advance payment from the ordering person and within five days from the date of receiving the advance payment from the ordering person.
The Plaintiff commenced construction on May 30, 2012 and completed the subcontracted construction of this case.
The Plaintiff demanded that the Defendant pay KRW 40,000,000 for the completed portion on June 8, 2012, and that the same year
6. A claim for the progress payment of KRW 25,00,000 on June 30, 2012 and for the same year:
7. 16. Payment received
On July 20, 2012, the Plaintiff filed a claim with the Defendant for the payment of KRW 100,000,000 for the completed portion, but the Defendant did not pay the payment for the completed portion, and the Plaintiff demanded that the payment of the instant subcontract price be made on July 24, 2012 and September 7, 2012.