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(영문) 창원지방법원 2014.04.15 2013가단4534

공사대금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 27,400,000 among the Plaintiff’s counterclaim and KRW 6,000,000 among them, the Defendant (Counterclaim Defendant)’s KRW 27,40,000 on October 18, 2012.

Reasons

1. Basic facts

A. On May 24, 2012, the Plaintiff entered into a construction subcontract with the Defendant, setting the construction cost of KRW 370,000,000, and the construction period from May 29, 2012 to September 30, 2012, the Plaintiff concluded a contract with the Defendant to accept the construction work.

B. During the Plaintiff’s execution of the instant construction work, the Defendant performed the construction work, e.g., Changho Lake Corporation, e., household construction, and other parts of the construction work. The Defendant paid KRW 220,000,000 to the Plaintiff as the construction cost by October 4, 2012.

C. On October 5, 2012, the Plaintiff and the Defendant: (a) determined the remainder of the construction cost of the instant construction project as KRW 54,00,000 in installments; and (b) prepared a written confirmation to pay KRW 18,000,000 on October 6, 2012; (c) KRW 16,000,000 on October 16, 2012; and (d) KRW 16,00,000 before completion; and (c) KRW 4,00,000 after completion (hereinafter “written confirmation”).

The Defendant paid the Plaintiff KRW 18,00,000,000 on October 6, 2012, and KRW 17,000 on October 17, 2012, respectively, among the remainder of the construction cost stipulated in the instant written confirmation.

After the preparation of the letter of confirmation of this case, the plaintiff performed additional construction, such as wall construction, floor-to-land block construction, and bes panel repair, at the request of the defendant, and the construction cost is KRW 1,400,000.

E. The instant construction was completed on November 22, 2012.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. According to the above facts, barring any other special circumstances, the Defendant shall pay the Plaintiff the remainder of construction cost of KRW 26,00,000 (=54,00,000-18,000,000-10,000-10,000) and the total of KRW 1,400,000 for additional construction costs of KRW 27,400,000 and the total of KRW 6,000 for the remainder of KRW 21,40,000 from October 18, 2012, with respect to the remainder of KRW 21,40,000,00 from November 23, 2012 to April 15, 2014, which is the date of each of these rulings, to the day of full payment, etc.

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