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(영문) 대전지방법원천안지원 2016.11.22 2015가단4708

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,803,450 to the Plaintiff (Counterclaim Defendant) and its related amount from August 22, 2015 to November 22, 2016.

Reasons

1. Basic facts

A. On June 9, 2014, the Plaintiff entered into a construction subcontract with the Defendant, setting the construction cost of KRW 740,000,000 (excluding value-added tax) and the construction period from June 9, 2014 to March 31, 2015 (hereinafter “instant construction contract”).

B. On January 31, 2015, the Plaintiff completed the instant construction, but did not complete the construction of reinforced concrete (framed structure). However, the Defendant completed this part of the construction, on the grounds that the Plaintiff did not complete the construction of reinforced concrete (framed structure) due to crypting construction, the supplementary work due to the leakage of ready-mixed, and the cleaning work of non-subsub-subsub-sub-sub-sub-sub-sub-sub

C. The Plaintiff received KRW 73,988,749 from the Defendant as the instant construction cost, and received KRW 19,467,755 as value-added tax.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (the Plaintiff’s assertion) is obligated to pay the Plaintiff KRW 60,543,96 of the unpaid construction cost (i.e., KRW 740,00,000, value added KRW 74,000,000) out of the agreed construction cost under the instant construction contract (i.e., KRW 814,00,000), KRW 73,988,749 of the fixed construction cost - value added tax 19,467,755 of the fixed construction cost) and KRW 17,00,00,000, KRW 50,000, KRW 300,00, KRW 300, KRW 300, KRW 400, KRW 5000, KRW 19,000, KRW 300, KRW 400, KRW 3000, KRW 500, KRW 30,000, KRW 1930.

B. The Defendant’s assertion (Counterclaim) was that the Plaintiff did not remove any fry house and any rain set up while performing the instant construction, and did not perform any supplementary work due to the leakage of ready-mixeds at the time of racking ready-mixed, and it was a reinforced concrete on the other string.