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(영문) 인천지방법원 2013.11.08 2012가합12647

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 121,930,000 to the Defendant (Counterclaim Plaintiff) and its related amount from December 1, 2012 to November 8, 2013.

Reasons

1. Basic facts

A. The Plaintiff completed the construction work of installing or replacing the following facilities within the Defendant’s factory located in Pyeongtaek-si 1205-5, respectively, from the Defendant.

1) Installation of facilities to install MDF CHIPPER LINE (hereinafter “instant construction”).

- Contract amount: 170,000,000 won (excluding value-added tax): - Contract date: 2 April 27, 2010; hereinafter “instant three projects”). - Contract amount: 194,000,000 won (excluding value-added tax) - Contract date: AIR SIFTE replacement (hereinafter “instant three projects”). < Amended by Act No. 10317, Jan. 24, 201; Act No. 10635, Apr. 2, 2010>

- Contract amount: 35,00,000 won (excluding value-added tax - Contract date: December 13, 2010

B. The Defendant paid KRW 136,00,000 (excluding value-added tax) to the Plaintiff as the instant construction cost, and did not pay the remainder of each construction cost.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above basic facts, the Plaintiff completed each of the instant construction works 1, 2, 300,000 Won [34,000,000 won = 170,000 won for the instant construction project = 194,000,000 won for the instant construction project (excluding value added tax) - 136,00,000 won for the advance payment x 35,000,000 won (excluding value added tax) x 194,000 won for the instant construction project x 1,35,00,000 won for the instant construction project x 1.1.1,000 won for the instant construction project, barring any special circumstance, the Defendant asserts that the instant construction project has not yet been completed, and that the instant construction cost cannot be revoked even if the construction is completed for the instant construction project (including value added tax).

Modern, Gap 3, and 6.