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(영문) 광주지방법원 2017.08.10 2014가합56326

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 180,012,296 to the Defendant (Counterclaim Plaintiff) and its related amount from January 19, 2017 to August 10, 2017.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. (1) On December 15, 2010, the Defendant entered into a contract for construction works with the Seoul-do Road Safety Management Office (hereinafter “instant construction works”) by setting the total construction cost of KRW 1,765,869,00 (including value-added tax) and the total construction period from December 21, 2010 to December 19, 2013 with respect to “C” (hereinafter “instant construction works”). However, the Defendant concluded a contract for construction works with the Seoul-do Road Safety Management Office by dividing it into 1,2, and 3 minutes within budgetary limits of Jeon-do.

(2) Accordingly, the Defendant entered into a separate contract for the portion 1,2, and3 of the instant construction work, as indicated in the table 1, as indicated below, with the Seoul-do Road Safety Management Office, and the construction cost, the final settlement of which was completed after the completion of the instant construction work, was KRW 2,413,836,00 (including value-added tax).

On December 15, 2010 through December 19, 2010, the first 3rd 203rd 20.3rd 20, 203rd 3rd 20, 203rd 20, 204, 63rd 20, 204, 606, 760th 19,00th 15 December 15, 201 or December 20, 201, 203rd 4th 20, 206th 13th 20, 203th 20, 206th 13th 20, 203th 20, 206th 20, 204th 20, 206th 20, 206th 20, 206th 206, 206th 216, 2016.

B. Around January 201, the Defendant entered into a contract with the Plaintiff for a lump sum subcontract with regard to the instant construction work by setting the total construction cost of KRW 1,214,97,500 (including value-added tax) and the total construction period from December 21, 2010 to December 19, 2013 (hereinafter “instant subcontract”) (hereinafter “instant subcontract”), and thereafter, entered into a separate subcontract with respect to the portion of KRW 1,2, and 3 as indicated in Table 2 as follows:

The contract date shall be classified.