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(영문) 창원지방법원 2019.04.11 2017가단118752
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 37,244,800 to the Plaintiff (Counterclaim Defendant) and its related amount from April 6, 2018 to April 11, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. 1) The Plaintiff entered into a construction contract, around April 20, 2017, with respect to a newly constructed housing (hereinafter “construction contract”) with the Defendant and the Ebline 143.4 square meters in total, including 10,510,000 won (hereinafter “the construction contract”) with respect to the construction work cost of the new construction project (hereinafter “the construction project”) of the 143.4 square meters in total, including 10,510,000 won (hereinafter “the construction project”).

B. The Plaintiff paid a total of KRW 100 million on the date of the contract, including KRW 40 million on the date of the contract, KRW 30 million on May 29, 2017, KRW 20 million on July 11, 2017, KRW 100 million on August 3, 2017, and KRW 100 million on August 3, 2017.

C. The Plaintiff and the Defendant, including the remaining construction cost of KRW 5.1 million, around September 19, 2017, entered into a construction contract with the purport that the Plaintiff would pay KRW 27 million to the Defendant. The Plaintiff and the Defendant entered into a construction contract with the purport that the total construction amount of the instant construction contract would be increased to 51 square meters. At the time of the aforementioned modification contract, the Plaintiff and the Defendant, at the time of the said modification contract, entered into a construction contract (the second) and written certification from Law Firm E (hereinafter “written certification of this case”).

The document has been prepared, and the contents of the certificate are as follows:

1. The construction of a retaining wall shall be treated as the suston tons after the external surface is in a straight line under the current status;

2. The date of completion of the construction shall be October 30, 2017, and the defendant shall complete the construction by no later than the said date, any date on which the construction is completed.

3. If the Defendant fails to complete the construction by the above date, the Defendant will order the additional construction period for 15 days.

However, if the completion of construction is not possible even after the period of additional construction was paid for 15 days, the plaintiff shall be a citizen and the defendant.

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