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(영문) 대구지방법원서부지원 2016.10.12 2015가단18613

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 33,826,205 to the Plaintiff (Counterclaim Defendant) and its related amount from July 21, 2015 to October 12, 2016.

Reasons

1. Basic facts

A. On April 25, 2014, the Plaintiff entered into a contract for construction of reinforced concrete construction works (hereinafter “instant construction works”) among the construction works ordered by the Daegu Northern-gu Office to the Defendant, with the construction cost of KRW 1,51,00,000, which was subcontracted to the Defendant. On October 10, 2014, the Plaintiff entered into an alteration contract with the construction cost of KRW 1,622,50,000, and the construction period of KRW 1,622,50,000 (hereinafter “instant construction contract”).

B. The Plaintiff’s instruction from February 2015 to February 2015

6. Between the border, additional construction works that are not included in the instant construction contract, such as concrete beams, installation and dismantling of a steel-proof network, dismantling of a dust-proof network, and removal of steel-proof work, were implemented.

C. By June 28, 2015, the Plaintiff completed construction with the exception of part of the process. On July 20, 2015, the Plaintiff and the Defendant entered into an agreement on the settlement of accounts with the Defendant to directly perform the construction cost and to deduct the portion of the construction cost from the construction cost to be received by the Plaintiff.

【Fact-finding without dispute, Gap evidence 1 and 2, witness B’s testimony, fact-finding results against the Daegu North-gu Office of this Court, the purport of the entire pleadings

2. Determination on the main claim

A. The construction cost to be paid by the Plaintiff asserted by the Defendant is KRW 1,575,729,000 paid by the Defendant from the instant construction and additional construction cost, and KRW 81,06,606,60, which deducts KRW 2,812,464 for non-refilled concrete facilities directly constructed by the Defendant, and KRW 28,60,00 for premiums, as indicated in the following table.

The amount paid by the Defendant for the division (won) is 1,622,50,000 1,550,550,000 71,950,950,000 71,950,000 additional construction works, installation and dismantling of a refabrication network, installation and dismantling of a refabrication network, 3,036,000 25,179,000 7,082,240 8,934,200 6,126,560 2,571,369 2,571,369 1,595,000 1,595,000 04,5054,0054,0005,0000 7,0000,371,378,808,008 internal wages, etc.