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(영문) 전주지방법원 2016.06.24 2014가합6991

공사대금

Text

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

2. The plaintiff (Counterclaim defendant) is about 40,260. 40.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, from December 31, 2012 to July 2013, the Defendant newly constructed the first floor, the second class neighborhood living facilities (referred to as the “instant building”) and the second class detached houses (hereinafter collectively referred to as the “instant building”) on the ground of Kim Jong-si, Kim Jong-si, and entered into a contract with the Plaintiff on February 2013 to contract some of the construction works (hereinafter “instant contract”).

The Defendant obtained approval for the use of the instant building on July 5, 2013, and completed registration for the preservation of ownership on July 9, 2013.

From March 15, 2013 to January 17, 2014, the Plaintiff received a total of KRW 332,990,000 from the Defendant as the construction price of the instant case.

【In the absence of dispute, Gap evidence Nos. 2, Eul evidence Nos. 1 and 7, the result of the appraisal commission on the options transmission structure of this court, the plaintiff's assertion made with the defendant about the claim for the entire purport of the pleadings, and the conclusion of the contract of this case with the plaintiff. The construction cost is KRW 375,80,00 (excluding value-added tax), and the scope of the construction work is "dembarcing works, steel-frameing works, steel-frameing and designated works, steel-frameing works, steel-frameing works, waterproof works, waterproof works, stone-making works, sculptures works, stone-making works, stone-making works, stone-making works, glass works, metal-making works, miscellaneous works, miscellaneous works, roof and home-line works, painting works, repair works, repair works, etc.," and the remainder of the interior works, etc. are decided directly by the defendant.

In addition, at the request of the defendant who is the internal construction business operator, the plaintiff added construction works other than the above agreed construction works. The construction cost is KRW 150,457,300.

Therefore, the Defendant shall pay to the Plaintiff who completed the instant construction and additional construction works the remainder of KRW 193,267,30,00, excluding KRW 332,90,000 already paid by the Defendant, among the total construction cost of KRW 526,257,30 ( KRW 150,457,300).

The defendant's argument is the summary of the defendant.