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(영문) 제주지방법원 2015.10.15 2013가합2166

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) about 139,731.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On January 22, 2013, the Plaintiff received a contract from the Defendant for the construction of the instant building C Hosel (hereinafter “instant construction”) from the Defendant during the period from February 22, 2013 to February 5, 2013, with the construction cost of KRW 245,00,000 and the construction period of KRW 245,00,000 (hereinafter “instant construction”).

(hereinafter referred to as “instant contract”). B.

On February 14, 2013, the Defendant paid KRW 15,00,000 to the Plaintiff. In addition to the down payment, the Defendant paid KRW 7,000,000 on March 6, 2013; KRW 13,000,000 on March 7, 2013; KRW 10,000 on March 29, 2013; KRW 45,000,000 on April 10, 2013; KRW 40,40,00 on May 23, 2013; KRW 2,540,00 on May 27, 2013; KRW 70,000 on June 28, 2013; and KRW 108,00 on the construction price; and

C. The instant construction was completed in the middle of July 2013.

[Reasons for Recognition] The Plaintiff’s assertion by the parties to the dispute as to the facts without dispute, Gap’s evidence Nos. 1, 3, 4, 5, and 6, and the purport of the entire pleadings was completed, and the Plaintiff’s assertion by the parties to the dispute is obligated to pay to the Plaintiff the remainder of the construction cost and delay damages.

(3) On September 9, 2015, the Plaintiff: (a) acknowledged part of the details of deduction claimed by the Defendant in the preparatory document; (b) did not reduce the purport of the claim; (c) thus, the Defendant’s claim is based on the complaint’s claim. Upon the Defendant’s direct demand for payment, the Defendant paid 61,351,026 won in total to the field workers; and (d) KRW 24,770,548 in total the material cost to the material company; and (c) under the instant contract, the Plaintiff did not perform the act of removing and disposing of the wastes; and (d) the Plaintiff did not perform the act of removing and disposing of the wastes; (e) KRW 3,300,000 in the safety board cost to be installed for non-re-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-re-re-re-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-con-