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(영문) 수원지방법원 2017.06.09 2014가합69446

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 152,630,500 to the Plaintiff (Counterclaim Defendant) and its related amount from October 15, 2014 to June 9, 2017.

Reasons

1. Facts of recognition;

A. On November 5, 2012, the Plaintiff engaged in the construction business under the trade name of “C” entered into a contract for the first construction contract between the Defendant and the contractor with respect to the construction of urban-type residential housing (hereinafter “instant officetel”) (hereinafter “instant construction”) with respect to the construction of the instant construction project, which is between the Defendant, the contractor, the mutual name of the contractor, the Plaintiff, the construction manager, the contract amount of which is KRW 660,00,000, and the construction period from November 201 to March 30, 2013 (hereinafter “instant contract”).

B. On December 8, 2012, the Plaintiff entered into a construction contract with the Defendant, the name C of the contractor, the construction manager, the Plaintiff, the contract amounting to KRW 660,000,00, and the construction period from November 2012 to April 30, 2013 (hereinafter “the instant secondary construction contract”) with respect to the instant construction work for the instant officetel construction work, and matters relating to the payment of the construction price are as follows.

Article 7 (Payment of Contract Price) If Article 7 (Payment of Contract Price) B (Plaintiff) claims the contract price according to the prescribed procedure, A (Defendant) shall pay the contract price.

F. Prepaid money: 150,000 won (on the commencement of construction works at a bank at the time of commencement): the first 150,000,000 won (on the completion of construction works at a bank at the time of commencement), the second 60,000,000 won (on the completion of construction works at a bank at the time of the completion of construction works at the time of the sixth floor), the second 60,000 won: 30,000 won (on the completion of construction works at a bank within 15 days after completion of registration).

C. On December 10, 2012, the Plaintiff received KRW 90,000,000, which is a part of the retainers payment from the Defendant, and thereafter commenced the instant construction. Since then, the Plaintiff was paid KRW 242,00,000 in total as the construction cost of the instant case (i.e., KRW 90,000 on October 10, 2012) from the Defendant on December 24, 2013.

On April 12, 2013, the Plaintiff: (a) related to the construction of the instant officetel under the title “as to the payment of construction price and the period of construction” in the name of the Defendant, a general manager C, as the title “as to the construction of the instant officetel.”