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(영문) 서울중앙지방법원 2020.05.15 2018나47563

공사대금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 5, 2015, the Plaintiff and the Defendant: (a) determined the construction period on the ground of Seodaemun-gu Seoul Metropolitan Government as “from November 10, 2015 to March 10, 2016”; and (b) the Defendant paid the Plaintiff KRW 380,000,000 for the construction price to be paid KRW 50,000 for the first intermediate payment, KRW 64,00,000 for the first intermediate payment, and KRW 76,00,000 for the second intermediate payment, and KRW 76,00,000 for the second intermediate payment, and KRW 10,00 for the third intermediate payment, and KRW 10,000 for the second intermediate payment, and the construction period is included in the new construction contract under the respective new construction contract with the Ministry of Land, Transport and Maritime Affairs, including the content of the new construction contract with each of the aforementioned KRW 25,00,00 for the remainder payment.”

In this regard, the said new construction works are "the instant construction works", and "the instant new construction works contract" is "the instant contract."

B) On May 13, 2016, the Defendant completed the registration of initial ownership relating to C’s reinforced concrete structure (refinite concrete roof neighborhood living facilities and detached houses. (c) The Defendant paid the Plaintiff KRW 38,00,000 on November 9, 2015, KRW 12,000,000 on November 10, 2015, KRW 63,400,000 on December 1, 2015, KRW 600,000 on December 2, 2015, KRW 76,000,000 on December 28, 2015, KRW 10,000,000 on December 10, 2015, KRW 10,000 on May 5, 2016, KRW 300,000 on each of the grounds for the payment of construction price, KRW 36,000,000 on each of the grounds for the pleadings.

2. According to the facts acknowledged in the above facts as to the Defendant’s “construction cost obligation” against the Plaintiff, the Defendant may recognize that the Plaintiff had obtained approval for the use of the newly constructed building by carrying out the construction work in accordance with the instant contract.