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(영문) 광주지방법원 2014.10.30 2013가단59635

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,012,300 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from December 1, 201 to June 25, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

The plaintiff concerned is a company that carries on the business of installing architectural sculptures and received a contract from the defendant, and the defendant is a company that carries on construction business, etc. and has awarded a contract for construction work from Hanyang Co., Ltd. and has subcontracted the plaintiff again.

On April 27, 2011, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant with the amount of KRW 9,350,000 (including value-added tax), October 14, 201 due date of completion, KRW 2,253m, and unit price of KRW 38,000,00 in the Gwangju Mining Complex Development District, among the construction sections of the 8-1, 2 BL apartment construction site within the Gwangju Mining Complex Development District.

At the time, the plaintiff and the defendant set up the whole crowdfunding (760m) to be covered with the annual lecture board of 1.2m.

In order to increase 276 meters in the volume of crowdfunding, the Plaintiff had been paid the additional payment from the Defendant and the construction was determined as KRW 11,536,80 (including value-added tax).

On June 8, 2011, the Plaintiff was awarded a subcontract with the Defendant as of November 30, 201, with the amount of KRW 89,100,000 (including value-added tax) for painting construction work among the newly constructed apartment construction works, which is a Party A4 BL recipient in Pakistan-si.

On September 23, 2011, when the Plaintiff had been performing the said construction, the Plaintiff received a subcontract for the instant construction in addition to the said subcontracted construction from the Defendant to KRW 38,068,80 (including value-added tax). In addition, the Plaintiff received a subcontract for the installation of additional sculptures in the amount of KRW 9.57 million (including value-added tax).

The Plaintiff completed the construction work and paid part of the construction cost by November 30, 201, and completed the construction work contracted by the Defendant, and received a total of KRW 221,10,000 from the Defendant.

The Plaintiff, at the construction site of the Gwangju Line, was performing a construction work in the direction of the construction site of the Gwangju Line. The Plaintiff was performing the construction work in the direction of the construction site of the Gwangju Line, not by the hym of 1.2m as agreed at the time of the contract, but by the hym of 0.45m as agreed at the time of the contract.