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(영문) 수원지방법원안산지원 2016.06.28 2015가단6500

공사대금

Text

1. All principal and counterclaim claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Claims as to the cause of claim;

A. On October 1, 201, the Plaintiff asserted that the Plaintiff was entitled to demand construction from the Defendant, 132,00,000,000, and 165,000,000,000, and 21,80,000,000,000,000,000, for D Factory New Construction on October 1, 201, and 6.7,00,00,000, for oral contract construction on June 4, 2012, and completed construction upon receipt of a total of 325,50,00,000,00 won, and 199,00,000,000,000 were remaining after partial repayment from the Defendant, and thus, the Plaintiff was entitled to receive payment of the principal claim.

B. The Defendant asserted a counterclaim against the Plaintiff was awarded a subcontract to the Plaintiff for the sales team and the window construction among the factory construction works, but the Defendant agreed to pay 60 million won by having the Plaintiff suffered a lawsuit from B due to the defect in the part executed by the Plaintiff.

Although it is impossible for the defendant to accurately appraise the defect by performing the repair work after the defect occurred due to the plaintiff, it is sufficiently recognized that the cost of repairing the defect by the plaintiff exceeds 10 million won, it is necessary to pay 10 million won.

In addition, the Plaintiff’s total construction cost of KRW 313,50,000 (the amount confirmed by the construction contract, excluding the portion of increase in the D plant and the portion of oral construction contract among the total amount claimed by the Plaintiff in the principal suit) shall be compensated for the damages caused by issuing a tax invoice only for KRW 160,000,000, and preventing the deduction of value-added tax of KRW 15,350,000 for the remainder of the construction cost.

2. Determination

A. On October 1, 2011, the Plaintiff and the Defendant settled the construction cost to be paid to the Plaintiff by the Defendant as KRW 50 million.

(B) Since the Defendant paid KRW 44,500,000, the remaining money is 5,500,000,000.

Meanwhile, in full view of the contents of the appraisal of the relevant case and the amount of compensation for the Defendant, the part contributed by the Plaintiff is recognized to exceed 5 million won (Evidence Nos. 4 through 11). Accordingly, this money should be deducted.