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(영문) 춘천지방법원 원주지원 2018.09.04 2015가단31925

구상금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 15,491,00 to the Plaintiff (Counterclaim Defendant) for KRW 15,491,00 and its amount from May 19, 2015 to September 4, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On October 22, 2014, the Plaintiff entered into a contract with the Defendant to supply trees, planting, etc. (hereinafter “instant landscaping project”) among landscaping construction works for the D Parking Lot Construction Works located in the Seoul Special Metropolitan City (hereinafter “instant landscaping project”) in which the Defendant ordered the Plaintiff to supply the trees, planting, etc. (hereinafter “instant landscaping project”) during the construction period from October 27, 2014 to November 20, 2014 (hereinafter “instant first contract”).

B. On November 15, 2014, the Plaintiff entered into a construction subcontract with the Defendant, setting the construction cost of KRW 9,200,000 (including value-added tax) and the period from November 15, 2014 to December 10, 2014, with the content of sewage supply (hereinafter “instant second contract”).

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 (including Serial numbers; hereinafter the same shall apply), each of the parties' arguments, and the purport of the whole arguments as to the purport of the argument as to the parties' arguments. The plaintiff and the defendant reached an agreement on December 30, 2014 that the defendant discontinued each of the above construction works, and the plaintiff will pay the amount of KRW 77,00,000 (including value added tax) to the defendant and the defendant's customers for the part executed by the defendant with respect to the contract Nos. 1 and 2 of this case. The plaintiff paid KRW 103,519,975 to the defendant and the defendant's customers for the contract Nos. 1 and 2 of this case. The plaintiff paid KRW 589,000 (including value added tax) to the defendant's worker's worker's 589,000 won in relation to the construction of Gangnam-gun Group G block and boundary stone located.