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(영문) 광주지방법원 2016.09.09 2013가합10866

공사대금

Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) from December 6, 2013, KRW 172,515,000 to the Plaintiff (Counterclaim Defendant) and its related thereto.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded each of the following construction contracts with the following purport that Defendant C (hereinafter “Defendant C”), Defendant limited liability company D (hereinafter “Defendant D”), Defendant limited liability company D (hereinafter “Defendant D”), Defendant D’s reputation e-mail for limited liability companies, limited liability company, and Gwangju North-dong E-dong, 9 floor apartment units (i.e., 32 households x 4 households) were newly constructed.

Defendant C C’s completion of the construction period of the site site site site construction on April 24, 2012 (F), G on April 24, 2012, and Defendant D’s KRW 1,200,000,000 on December 31, 2012, Defendant D on May 18, 2012, July 2012, 2012, Defendant D’s reputation-based limited liability company of KRW 200,000,000 on December 31, 2012, Defendant B, on May 18, 2012, H on May 22, 2012; and Defendant B, on December 31, 2012, 200, KRW 200,000 on KRW 1,200,000,00 for Defendant B; and

B. On May 2, 2013, Defendant B changed the contents of the above construction contract between the contractor and the subcontractor, and newly constructed 4,100 households of the 7th apartment complex (25 households x 4 Dong; hereinafter “instant apartment”). The construction cost was each KRW 980,000,000, and the construction completion period was each until August 30, 2013.

C. On May 20, 2013, the Plaintiff concluded a construction contract under which Defendant B and the construction cost are KRW 200 million to construct households, such as the main household, new house, book book, etc. of the same item as that of the above model house (hereinafter “instant construction contract”) with the remainder of 96 households except for 4 households among the instant apartment 100 households (hereinafter “instant model house”).

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 2, 5, 19, 22 evidence (including each number; hereinafter the same shall apply) and images, and the purport of the whole pleadings

2. Determination on the main claim

A. (1) The fact that the Plaintiff concluded the instant construction contract with Defendant B by setting the construction cost of KRW 200 million on the grounds of the claim against Defendant B.