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(영문) 대구지방법원 2016.12.23 2015가단33318

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from January 8, 2015 to December 23, 2016.

Reasons

1. Facts of recognition;

A. On August 27, 2014, the Plaintiff received a contract from the Defendant for remodeling construction work of Daegu Suwon-gu C2 Dong 1307 (hereinafter “instant apartment”) by setting the construction cost of KRW 50 million and the construction period from August 28, 2014 to October 20, 2014.

(hereinafter “instant construction project”). (b)

At the time of conclusion of the above contract, the main contents of the remodeling project agreed upon by the defendant are as follows:

1) Living rooms and main floor are constructed on a string, and the room is built on a Monollium. 2) Internal walls are constructed on a strings.

(P) 3) Boiler shall be constructed with light gas boilers. 4) At new intervals, the Central Stop will be constructed.

(E) Washingtons 5) Washingtons are to be constructed Hagro and the upper lags shall be constructed by Hagman. They shall be constructed by Gags, Hags, and the Defendant’s product as the Defendant’s desired. 6) The gags and Kags shall be constructed at least above level.

7) The visit will be executed by PED. 8) The visit will be executed by ABC painting.

9) The structure and partial changes shall be executed at the request of the defendant, and the plaintiff shall, without any objection, comply with the defendant's request. 10) Other matters in the construction site shall correspond to general examples, and shall be executed by the plaintiff and the defendant through consultation.

C. Around that time, the Plaintiff commenced the instant construction and completed the construction on October 20, 2014, and the Defendant occupied the instant apartment around October 23, 2014.

[Evidence Evidence] Facts without dispute, entry of Gap evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. On October 20, 2014, the Plaintiff completed the instant construction project, but the Defendant paid only KRW 40 million out of the agreed construction cost, and did not pay the remainder construction cost of KRW 10 million. 2) Furthermore, the Plaintiff, at the Defendant’s request, executes additional floor materials by changing it from the motherum to the reinforcement floor (2,045,000 won), other than the matters stipulated in the instant construction contract (2,045,00 won as re-construction cost), as well as the dwelling space for the primary construction (ATRL).