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(영문) 대구지방법원 2017.07.07 2015가합204414

공사대금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 308,952,00 and the Plaintiff’s 283,204,00 among them, the Defendant (Counterclaim Defendant)’s KRW 308,952,00 on February 11, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 2014, the Plaintiff entered into a contract with the Defendant to contract the Defendant for the remodeling and extension work (hereinafter “instant construction”) with the following content (hereinafter “instant construction”). The Plaintiff entered into a contract with the Defendant to contract the Defendant for the construction of the 5th floor remodeling building consisting of the 5th floor remodeling building and the 3rd floor construction building; hereinafter the 5th floor remodeling building consisting of the 5th floor remodeling building.

(hereinafter “instant contract”). Standard contract for private construction works

1. Name of official business: Construction of racing, lodging facilities, remodeling and expansion of accommodation facilities;

2. Magazy ground: F for the racing.

3. Date of the first day of October 27, 2014: The amount for the construction cost of KRW 1,760,000,000 (including value-added tax) on April 30, 2015;

1. Gyeyang gold: 176,00,000 won on October 17, 2014;

2. The first progress payment: 316,800,000 won on October 30, 2014;

3. The second progress payment: 316,800,000 won on November 30, 2014.

4. The third progress payment: 316,800,000 won on December 30, 2014.

5. The fourth progress payment: January 30, 2015: KRW 316,800,000.

6. Deadline for completion: To pay in full ten days after completion.

B. By February 10, 2015, the Plaintiff paid KRW 1,443,200,000 as the construction price as follows, by means of remitting the amount to the Defendant’s financial account under the instant contract to the Defendant.

The payment for the second completed portion of October 316, 2014, the first completed portion of October 316, 2014, the second completed portion of October 316, 2014, the second completed portion of October 316, 800,000, October 30, 2014, which was the date of remittance divided, shall be 80,000,000,000 for the last completed portion of December 6, 2015, December 18, 2015. < Amended by Act No. 136, Jan. 136, 80, 200,00; Act No. 1580, Feb. 16, 2015; Act No. 13300, Feb. 316, 2000; Act No. 6320, Oct. 43, 200, 2000

C. The instant construction was suspended after it had been continued until March 15, 2015, and the same year.

4. Reopening of police officer. D.

On December 14, 2015, the Plaintiff obtained approval for the use of the instant building from the racing market.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 12, and Eul.