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(영문) 광주지방법원순천지원 2017.11.29 2016가합11937

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On February 23, 2015, the Defendant contracted the purchase of B-handling facilities from the Korea Development Agency, Inc., and subcontracted the Plaintiff with the construction period from February 25, 2015 to February 28, 2016; and the construction cost of KRW 1,795,00,000 for the construction cost (excluding value-added tax).

(hereinafter “instant construction contract”). B.

On December 1, 2015, the Defendant notified the Plaintiff of the termination of the instant construction contract.

C. From May 8, 2015 to December 29, 2015, the Defendant paid KRW 1,364,134,000 to the Plaintiff as the term price for the instant construction contract.

【Reasons for Recognition】 Evidence No. 1-1, Evidence No. 7, and the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff asserts that the 9th period of the construction of this case was 13.5%, and that the 13th period of the last period of the construction of this case was 242,325,00 won, and that the above progress payment and the delay payment was 2.85%. In this regard, the defendant asserted that the 15th period of the construction of this case was 2.8%, and that the above progress payment was 5%, and that the plaintiff agreed to settle the 51,100,000 won with the plaintiff. 2) The 1th period of the construction of this case was 5th period of the construction of this case before the above 9th period of 13.5%, 6th, 10th, 7th, 8th, and 5%, and that the 15th period of the construction of this case was 15th period of the construction of this case.