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(영문) 서울중앙지방법원 2017.01.13 2014가합532571

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 35,734,167 to the Defendant (Counterclaim Plaintiff) and its related amount from January 17, 2015 to January 13, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 7, 2011, the Defendant entered into a contract for construction works to be subcontracted to the Plaintiff during the construction period of KRW 2.365 billion (including value-added tax) and from January 7, 2011 to September 14, 2012, with the term of completion of construction from September 14, 2012, the Plaintiff and the Defendant entered into a contract for the alteration of the term of completion of construction from September 14, 2012 to December 31, 2012. The contract for the alteration of the term of completion of construction from September 14, 2012 to December 31, 2012; the contract for the alteration of the term of completion of construction works from September 14, 2012 to December 31, 2013 to KRW 600,300,000,0000,000 for the extended period of completion of construction works; and

(3) On July 25, 2013, the Defendant notified the Plaintiff that the first subcontract of this case was terminated due to the Plaintiff’s delayed payment of wages and delay of work, etc. Around that time, the Plaintiff reached the Plaintiff. (b) The Defendant (50% of the equity ratio), Nonparty A Construction Co., Ltd. (hereinafter “At Construction”), Nonparty mobilization system Co., Ltd. (hereinafter “V”) constituted a joint supply organization and received a contract for new construction of Daejeon-gu A-gu A-based land (hereinafter “SY”) from Nonparty A-gu (Seoul-gu), and on October 31, 2011, the said joint supply organization concluded a subcontract with the Plaintiff for construction of the said new construction work with the content of the contract amounting to KRW 835 million (value-added tax exemption) and the construction period from November 1, 2011 to October 1, 2011.

2. After that, the Plaintiff and the said joint supply and demand company shall extend the deadline for completion on October 9, 2012 from October 9, 2012 to December 31, 2012, and shall increase the contract amount from KRW 835 million to KRW 953,200,000.