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(영문) 서울서부지방법원 2015.02.10 2013가합3651

공사대금

Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 98,938,023 to the Plaintiff (Counterclaim Defendant) and its related amount from December 15, 2012 to February 10, 2015.

Reasons

Basic Facts

The Defendant is the owner of the building indicated in the attached list (hereinafter “instant building”), and the Plaintiff is the constructor who constructed the instant building.

On August 17, 2011, the Defendant concluded a housing construction contract with the Plaintiff, Nonparty C, and the construction cost of KRW 238,00,000, and the construction period from August 20, 201 to December 15, 2011.

(hereinafter “instant construction project” (hereinafter “instant construction project”); (a) there is no dispute; and (b) during the instant construction project, C withdraws from the instant construction project during the Plaintiff’s assertion of the Plaintiff’s main claim against the Plaintiff as to the Plaintiff’s claim against the Plaintiff in the Plaintiff’s main claim against the Plaintiff, and the Defendant, on October 19, 201, prepared an additional agreement on the construction contract that the Plaintiff shall additionally pay KRW 20,000,000 after completion to the Plaintiff as the extended construction project and performance money (hereinafter “instant additional agreement”) (hereinafter “instant additional agreement”). The instant construction cost was KRW 258,00,000.

At the time of the conclusion of the instant construction contract, the Defendant paid 10% of the construction cost after the completion of external bricks and windows and agreed to pay 80% of the remainder after the lease deposit was received. On June 2012, the Defendant, upon renting the instant building, received 310,000,000 won in total (90,000,0000,000 deposit to Nonparty D, 80,000,000,000,000 to Nonparty E of the first floor, and did not pay the construction cost. Accordingly, the Plaintiff withdrawn the provisional attachment on the site of the instant building as the court 2012,702.

The defendant shall pay only a total of 88,000,000 won until August 11, 2012, and the specific details are as follows:

The amount on the date of April 6, 2012, 20,000,000 on August 4, 2012, 200, 5,000,000 August 4, 2012, 9. 1,00,000,000 on August 25, 200 on July 25, 2012, 8,000,000,000 on August 4, 2012.