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(영문) 대전지방법원서산지원 2019.03.28 2018가합51272

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 138,850,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 21, 2016 to July 16, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 12, 2013, the Plaintiff received a subcontract for electrical construction from the Defendant to KRW 269,50,000 (including value-added tax; hereinafter the same shall apply) among D new construction projects subcontracted by the Defendant from Nonparty C.

B. Meanwhile, among the above construction works, the Plaintiff was awarded a subcontract for construction cost of KRW 9,350,000 by the Defendant.

(hereinafter referred to as “instant construction” in addition to the construction work described in paragraph (a) above.

Although the Plaintiff completed all of the above construction work by July 2014, the Defendant paid the Plaintiff KRW 140,000 out of the total construction cost of KRW 278,850,000 (= KRW 269,50,000) and did not pay the remainder of construction cost of KRW 138,850,000.

Accordingly, on May 20, 2016 and April 3, 2018, the Plaintiff sent a content-certified mail demanding the Defendant to pay the unpaid construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6-2, the purport of the whole pleadings

2. According to the facts found in the judgment on the Plaintiff’s principal claim, the Defendant is obligated to pay to the Plaintiff the amount of 138,850,000 won unpaid (i.e., KRW 278,850,000 - KRW 140,000) and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from May 21, 2016 to July 16, 2018, the delivery date of the copy of the complaint of this case, as claimed by the Plaintiff, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. Determination as to the defendant's counterclaim and counterclaim

A. The gist of the parties’ assertion 1) The Plaintiff and the Defendant continued to engage in subcontracting transactions for electrical construction similar to the instant construction from around 2011. In light of the details of construction among them, the total construction cost based on the tax invoice issued by the Plaintiff is KRW 2,124,870,00 (=the total construction cost of KRW 2,403,720,000) - the construction cost of the instant case is KRW 278,850,000.