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(영문) 춘천지방법원원주지원 2015.01.15 2013가단9092

정산금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,177,115 to the Plaintiff (Counterclaim Defendant) and its related amount from October 17, 2013 to January 15, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendant jointly contracted with the 13 Section BC (hereinafter “instant construction”) project from the Hanju Regional Land Management Office (hereinafter “instant construction”). As to the construction cost (hereinafter “cost”) invested after the completion of the construction work, the part required for the construction work (hereinafter “cost”) shall be borne by the Plaintiff 65%, Defendant 35%, and the expenses jointly used (hereinafter “common cost”) by the Defendant and 50% according to the Defendant’s expression. The landscaping agreed that the Defendant independently performed the construction work.

(b) the following:

With the exception of the part described in paragraph (1), the Plaintiff invested KRW 2,686,95,95,951 as cost of the civil works in this case, and KRW 2,712,085,30 as common cost. The Defendant invested KRW 1,519,113,81 as cost of the civil works, and KRW 5,324,530 as common cost, KRW 1,524,438,41 as total, KRW 1,530 as KRW 1,524,439,172,33 [the total cost to be borne by the Plaintiff 2,686,95, KRW 951, KRW 1,519, KRW 519, KRW 113,881 as cost of the civil works in this case x KRW 25,509, KRW 3059, KRW 51959, KRW 2538595] x 305,5195];

C. Meanwhile, with respect to the construction of a temporary office and incidental expenses to be used at the construction site of this case, the Plaintiff invested KRW 112,893,473, and the Defendant spent KRW 71,162,00,00 as waste disposal expenses, and KRW 2,606,00 as the salary for the removal of the office, and KRW 2,606,00 as the salary for the removal of the office, and KRW 2,600 as the Plaintiff’s expense for the collection of earth and stones to secure earth and stones to fill up the instant construction site in the name of Nonparty D, who is the actual operator of the Plaintiff, or the Plaintiff’s children, for which the registration of ownership transfer was completed, as well as for the collection of earth and rocks.