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(영문) 대구지방법원경주지원 2015.08.13 2014가단553

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,508,000 to the Plaintiff (Counterclaim Defendant) and its payment from December 6, 2012 to August 13, 2015.

Reasons

1. Basic facts

A. On January 21, 2012, the Plaintiff entered into a contract for B apartment underground power distribution room works with the Defendant (the representative C at that time) (hereinafter “instant contract for underground power distribution room works”). The main contents are as follows.

Contract amount and total construction amount: Three million won (excluding value-added tax) working contents;

1. Track repair work (e.g. Trackifor and projector);

2. Anthracited coal;

Injecting operations

3. Acrypting operations;

4. The Plaintiff received the full amount of the construction cost from the Defendant after completing the work under the instant contract for the construction of the underground distribution room. According to the result of this court’s appraisal commission with respect to D, the appraised amount of the construction cost for the repair and maintenance work (injecting rupture rupture rupture rupture and rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture ruptures)

B. On May 9, 2012, the Plaintiff entered into a B apartment rooftop waterproof Construction Contract (hereinafter “instant rooftop waterproof Construction Contract”) with the Defendant, and the construction amount was KRW 15,705,000.

Since then, the Plaintiff received the full payment of the construction cost from the Defendant after completing the work under the instant rooftop waterproof construction contract. According to the result of the appraisal commission for D in this Court, even after the Plaintiff’s work, the appraised amount of the construction cost incurred in a waterproof reconstruction of the rooftop floor and roof drainage due to defective construction costs is KRW 5,725,00,000.

C. On July 17, 2012, the Plaintiff entered into a B apartment wall painting construction contract (hereinafter “instant interior wall painting construction contract”) with the Defendant with the following terms and conditions (hereinafter “instant interior wall painting construction contract”).

1. Name of construction: The construction work of painting and interior walls of racing-si;

2. Details of construction: A written estimate;

3. Construction amount: Cost of construction in the limit of one million won per day (the specifications for construction in the limit of two years, the number of years as referred to in subparagraph 4-2);

1. Construction name: one motor vehicle repair project and one re-design project in and out of B Apartments.