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(영문) 창원지방법원진주지원 2014.01.29 2012가합2616

손해배상(기) 등

Text

1. The principal suit against Plaintiff (Counterclaim Defendant) C shall be dismissed;

2. The plaintiff (Counterclaim defendant)'s counterclaim against the defendant.

Reasons

1. Basic facts

A. On September 6, 2011, the Plaintiff entered into a contract with the Defendant for a new restaurant construction project (including both the structural frame of the construction and the interior and outside of the building, the air container and smoking exhauster facilities, external retaining wall and landscape architecture; hereinafter “instant construction project”) at the Changsi-si E Village, Changsi-si, Changsi-si (hereinafter “instant construction project”) by setting the construction cost of KRW 965 million (Additional Tax Map), and the completion date as of December 10, 2011 (hereinafter “instant contract”). On a formal basis, the Plaintiff formally ordered the Defendant to undertake some of the basic construction works (hereinafter “A&S construction”), and completed the completion inspection on March 7, 2012 with respect to the instant construction project.

According to the settlement statement after completion prepared by the defendant, the total construction cost was calculated as KRW 1.22 billion.92 billion.

B. By January 13, 2012, the Plaintiff paid KRW 945,820,000,000,000 to A&S Construction, and KRW 546,000,000,000 to the Defendant. The Defendant paid KRW 465,850,520,00 ( KRW 763,264,474, if the payment was made through A&S Construction, etc.) until January 24, 2012, when the fairness ratio of the instant contract was over 80%, and the Plaintiff paid KRW 201,832,215,00,00,00 to the lower beneficiaries as construction cost. The Plaintiff, who was led by the Plaintiff and under direct contract with the lower beneficiaries, paid the total construction cost.

C. Therefore, by January 24, 2012, the Plaintiff’s construction cost of KRW 948,200,000 paid to the Defendant and the Defendant under the instant contract, KRW 201,832,215, and the construction cost of KRW 30,000,000 ( KRW 22,000,000 and KRW 8,0000,000 for G) to be paid by the Plaintiff to the sewage-grades in the future. As such, the Plaintiff’s total construction cost of the Plaintiff related to the instant construction is KRW 1,180,032,215 (=94,82,200,000,000,000 won). Thus, the Plaintiff is expected to be the first construction work in the instant case.