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(영문) 서울중앙지방법원 2016.02.05 2014가단5106666

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 24,756,596 to the Plaintiff (Counterclaim Defendant) and the amount from April 5, 2014 to February 5, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 4, 2013, the Plaintiff and the Defendant entered into a contract for interior works and interior interior interior works of the Dcafeteria located in C with construction cost of KRW 253,00,000 (the amount including value-added tax; hereinafter the same shall apply) (hereinafter “instant construction works”), and the relevant expression is also used in addition thereto. The payment period is as follows.

The remainder of KRW 35,750,000 for the second remainder of KRW 110,00,000 on November 4, 2013, and KRW 35,750,00 for the second remainder of KRW 35,750,00 on January 4, 2014, and the fourth remainder of KRW 35,750,00 on February 4, 2014, and KRW 5,750,00 for the fourth remainder of KRW 5,750,00 on March 4, 2014.

B. The Plaintiff completed the instant construction on or around December 1, 2013, and the Defendant paid the Plaintiff money as follows.

① KRW 100,00,000 in total, each of the 50,000,000 won on November 4, 2013 and November 14, 2013; ② KRW 27,050,000 on December 13, 2013; KRW 38,250,000 on December 23, 2013; ④ KRW 35,750,00 on January 6, 2014; KRW 3,850,00 on January 9, 2014; KRW 44,80,000 on February 13, 2014; and KRW 1 through 4 (including number 2; hereinafter the same shall apply); the purport of the entire pleadings; and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the construction cost of this case was 253,000,000 won was recognized.

The Defendant asserts that the Plaintiff should pay KRW 71,50,000, which is the difference in the amount of KRW 181,50,000, inasmuch as the payment of KRW 181,50,000 among the details of the port payment was received ( ② KRW 17,05,750,000 and KRW 181,50,00 among the additional construction costs) ( ② the additional construction cost of KRW 17,050,00 and KRW 17,050,00 among the additional construction costs of this case, KRW 3,000 and KRW 9,130,000 among the additional construction costs, and KRW 17,000

(B) The plaintiff did not reduce the purport of the claim, although the claim was arranged as above.

The sum of the construction cost of this case and the additional construction cost of 16,913,687 won recognized by the Defendant is KRW 269,913,687, and the Defendant paid KRW 229,780,000. As such, the payment of the construction cost of this case is 40,13.