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(영문) 수원지방법원 2015.08.20 2013가합8482

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 135,577,00 to the Plaintiff (Counterclaim Defendant) and its related amount from March 30, 2013 to August 20, 2015.

Reasons

1. Basic facts

A. The plaintiff is a company engaged in construction business and civil engineering business, and the defendant is a company engaged in electric power resource development and sales business.

B. Around February 15, 2011, the Defendant owned a share of 2,380/4,231 square meters of land of 4,231 square meters (hereinafter “C forest”) in Yeongdeungpo-gu, Chungcheongnam-gu. D and E purchased the said F forest land of KRW 6843 square meters (hereinafter “F forest”) from G and H for KRW 860 million on May 31, 201.

On January 2012, 2012, I and D, the Defendant’s representative director, filed an application for a construction permit to newly build Class I neighborhood living facilities (re-construction, development activities, conversion of mountainous districts; hereinafter “instant construction permit”; instant permission for development activities; instant permission for development activities; hereinafter “instant mountainous district conversion project”); and hereinafter “building permit, etc.”) on the ground of 4,393 square meters (hereinafter “instant land”). On March 13, 2012, I and D filed an application for a construction permit to build Class I neighborhood living facilities (hereinafter “instant building permit”).

C. On April 6, 2012, the Plaintiff entered into a construction contract with I and the construction cost of KRW 21.20 million, and the construction period from April 10, 2012 to June 30, 2012, stipulating that the Plaintiff shall pay 10% of the Plaintiff’s construction performance amount as the Plaintiff’s profit, and that the Plaintiff shall perform ground civil engineering works on the part for which the construction permit, etc. was granted (hereinafter “instant construction contract”) among the forest and fields C (hereinafter “instant construction contract”).

In addition, on April 6, 2012, the Plaintiff entered into a construction contract with the Plaintiff to perform ground civil engineering works on the aforementioned portion of the forest land for which construction permission was granted, among D and F forest land.

On June 28, 2012, the Plaintiff entered into a contract with the Defendant to change the construction period from June 28, 2012 to August 15, 2012, respectively.

E. Since then, the Plaintiff and the Defendant extended the construction period of the instant construction work from August 10, 2012 to August 31, 2012, and on October 11, 2012, the construction period was KRW 150,1250,000,000, and the construction period was from June 28, 2012 to October 30, 2012.