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(영문) 수원지방법원 2017.11.15 2016나77742

공사대금

Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim expanded by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is running a construction business with the trade name called Ansan, and the Defendant is the owner of not less than 269.5m2 in Ansan-gu, Ansan-si.

B. On May 19, 201, the Plaintiff and the Defendant concluded a contract for the instant construction work, which newly built Lone (F) from the Defendant on the said site, within four months after the commencement of the construction period (excluding value-added tax, value-added tax, 2.9 million won per square day) and fixed the down payment as KRW 10 million at the time of the said contract, and the remainder other than the said down payment was determined as the remainder, and the remainder was the remainder that the Plaintiff obtained a loan by new Lone (B) as security or obtained a loan by sale or lease by the Plaintiff.

C. From October 10, 201, the Plaintiff performed the instant construction work from around October 201, and completed the said construction work on or around July 31, 2012, and delivered a new loan to the Defendant.

G on September 25, 2012, the Plaintiff and the Defendant’s children representing the Defendant agreed to settle the instant construction cost as follows:

(hereinafter “instant settlement agreement”) No. B. 2 (F. settlement of accounts; hereinafter “instant settlement of accounts”)

See 1) This statement top priority over other settlement statements.

② Total construction cost: 565,500,000 won (it is unclear as to whether value-added tax was included in the statement in the words, but considering the fact that the construction cost in this case was calculated as KRW 2.9 million per square year and the building area of Newly-built Loan is approximately approximately KRW 165.56,56,00, it is reasonable to view that value-added tax was included in the total construction cost fixed at the time of the settlement agreement of this case. The Plaintiff asserted that if the construction area in the first floor is included in the construction area, the initial construction area would be equal to 197, while the settlement agreement was reached after the completion of the construction in this case, it cannot be deemed that the initial construction area was agreed at the same price. (3) Damages for delay for construction: 50,895,000 won per day; 565,500 won per annum x 565,500 won.