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(영문) 서울중앙지방법원 2020.07.15 2017가합552774

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 485,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 18, 2017 to May 31, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The owner was G Co., Ltd., and around March 2016, the Defendant succeeded to the following construction works by changing into the owner of the building around March 2016.

Around 2015, “Defendant” entered into a construction contract with C with respect to “F” (hereinafter “instant construction”) which is an educational research facility and sports facility on the ground of the land D and E site in Young-si and E (hereinafter “instant construction”) and C began construction work thereafter.

B. However, without properly carrying out construction, C’s request for air extension and construction cost increase was defective, and the Defendant, on December 18, 2015, entered into an agreement with the Defendant that only C ends until the structural construction was completed, and settled down the weather altitude up to that time.

C. After January 7, 2016, the Defendant entered into a construction management contract between the Plaintiff and the Plaintiff to have the Plaintiff vicariously perform the management and work of executing the instant construction work.

The Defendant concluded a contract for construction work between H Co., Ltd. (hereinafter referred to as “H”), telecommunications construction corporation I (hereinafter referred to as “I”), J Co., Ltd. (hereinafter referred to as “J”), and the Plaintiff’s supply of machinery and equipment, and between H and H holding a comprehensive construction license, with the total construction amount of KRW 3,520,000 (including value-added tax) and the construction period from January 9, 2016 to June 30, 2016.

E. On April 22, 2016, the Defendant entered into an additional construction contract with H to KRW 1,199,385,000 of the construction cost (including value-added tax) and the construction period from April 22, 2016 to June 30, 2016 with respect to the additional construction works of this case.

F. On the other hand, H et al. shall divide the total construction cost into H, I, J, and the Plaintiff for the purposes of clarifying the management subject and the subject of responsibility upon completion of construction and arranging the construction cost by process.