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(영문) 수원지방법원평택지원 2016.06.09 2014가합4011

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 52,897,227 to the Defendant (Counterclaim Plaintiff) and its related amount from March 4, 2016 to June 9, 2016.

Reasons

1. Basic facts

A. On March 31, 2014, the Plaintiff entered into a contract with the Defendant for each of the construction contracts (hereinafter referred to as the “instant construction contract”) with respect to the construction work of a unit for the construction of a new repair shop on the land other than C and two parcels owned by the Defendant (hereinafter referred to as “instant site”), with respect to the construction work of a unit for the construction of a new repair shop from April 4, 2014 to July 4, 2014 (hereinafter referred to as “instant civil construction work”), with the construction period of KRW 100,000 (Additional Taxation). ② with respect to the construction work of a new repair shop on the said land other than C and two parcels (hereinafter referred to as “new construction work of this case”). From April 4, 2014 to July 14, 2014, each of the construction contracts with the construction period of KRW 170,000,000 (Additional Taxation Tax).

B. From April 4, 2014 to August 2014, the Plaintiff performed the instant civil engineering works and the instant new construction works.

From April 1, 2014 to July 2, 2014, the Defendant paid the Plaintiff the construction cost of KRW 187,500,000 on five occasions.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1-3, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff completed all of the instant construction work, the Plaintiff received only KRW 187,500,000 from the Defendant, and the Defendant is obligated to pay the Plaintiff KRW 109,50,000 after deducting KRW 187,50,000 for the instant construction work cost, including value added tax, from the Plaintiff.

On the first second second second second second second second second second second second second second second second second second second second second of the construction cost of the instant construction project, the construction amount for the instant part of the construction project was KRW 2,950,000. However, the Defendant determined that the construction amount was KRW 13,900,000, when the Plaintiff installed an additional one different from the design drawing, the Plaintiff’s active operation amount was reduced by KRW 500,000, and KRW 2,450,000 was increased by 2,450,000.