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(영문) 인천지방법원부천지원 2015.07.08 2012가합8368

공사대금반환 등

Text

1. The Defendant (Counterclaim Plaintiff) Company B is from November 19, 2013 to the Plaintiff (Counterclaim Defendant) as to KRW 67,071,061 and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 201, the Plaintiff entered into a sales contract for land and factory between the Plaintiff and E with the content that the Plaintiff would purchase each land listed in the separate sheet from E (hereinafter “each land of this case”) and each land listed in the separate sheet Nos. 1 through 6 of the separate sheet (hereinafter “instant factory site”) (hereinafter “instant factory site”) to purchase the total purchase price of KRW 3,000,000,000.

(hereinafter “instant sales contract”). B.

E, the Plaintiff, and the Defendant Company entered into a contract for each construction work between E, the Plaintiff, and the Defendant Company on February 2, 2012, with the content that the construction work cost of the instant factory site is KRW 300,000,000 (excluding value-added tax) and the construction period is determined from February 1, 2012 to May 31, 2012, E entered into a contract for construction work with the Defendant Company to contract with the Defendant Company during the construction period of KRW 540,00,000 (excluding value-added tax), and from March 12, 2012 to April 30, 2012, E concluded a contract for construction work that newly constructs a factory of 600 square meters on the instant factory site with the Defendant Company for the construction cost of KRW 540,00,000 (excluding value-added tax) and the construction period of KRW 540,000).

3) Meanwhile, an additional construction was required during the process of the construction of the above factory. On March 27, 2012, the Plaintiff entered into a construction contract with the Defendant Company with the content that the construction work for additional construction of a factory of 164 square meters on the instant factory site should be determined by the construction cost of 160,000,000 (excluding value-added tax) and from March 12, 2012 to May 31, 2012. (c) The conclusion of the modified contract on the instant sales contract between the Plaintiff and E and the Defendant Company and the conclusion of the construction contract between the Plaintiff and the Defendant Company) as the Defendant Company failed to complete the construction of the said new factory by May 31, 2012, the Plaintiff was newly constructed pursuant to the instant sales contract with respect to the Plaintiff within the period of Edo.