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(영문) 서울중앙지방법원 2016.05.04 2014가합584510

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On May 10, 2013, the Plaintiff and the Defendant concluded a subcontract for reinforced concrete construction works (hereinafter “instant construction works”) among the construction works of the new building in the new building, new building, rinked A Dong (hereinafter “instant building”) located in Gangnam-gu Seoul, Gangnam-gu, Seoul (hereinafter “instant building”) and the new building in the new building rinked B at the same time (hereinafter “instant building”) located in 514-22.

B. 1) Preparation of a subcontract agreement and written confirmation 1) The contract prepared by the Plaintiff and the Defendant on the same day with respect to the instant construction work (hereinafter “instant first contract”).

The main contents of the construction cost are as follows. - Construction cost of the building A of this case is KRW 1,705,00,000 ( KRW 1,50,000,000 when excluding value-added tax): 297,000,000 ( KRW 270,000 when excluding value-added tax): Construction period of KRW 270,000: From April 22, 2013 to February 28, 2014); while preparing the first contract of this case, the Plaintiff and the Defendant separately prepared a written confirmation (hereinafter “written confirmation”) as follows with respect to the construction of the building A of this case among the instant construction works of this case.

1. The present certification shall have priority over the standard construction subcontract agreement entered into on May 10, 2013 by the Plaintiff and the Defendant.

2. It is confirmed that the actual subcontract price that is not the contract price of KRW 1,550,00,000 (excluding value-added tax) that the Plaintiff and the Defendant entered into on May 10, 2013 is KRW 1,350,000 (excluding value-added tax).

3. If the Plaintiff subsequently filed a civil or criminal claim with the Defendant at KRW 1,550,00,000 (excluding value-added tax), the Plaintiff shall compensate the Defendant for the penalty twice the difference between the amount of the standard construction subcontract agreement and the amount of the real construction cost.

C. On August 7, 2014, the Plaintiff is obliged to deduct the amount arising from the additional construction works among the instant construction works with Defendant and the instant construction works from the construction cost of KRW 84,533,032 (excluding value-added tax), and the amount to be deducted from the construction cost of KRW 36,124,60.