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(영문) 대구지방법원김천지원 2017.06.28 2014가단8888
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,587,00 to the Plaintiff (Counterclaim Defendant) and its related amount from November 29, 2013 to June 28, 2017.

Reasons

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

1. Facts of recognition;

A. On September 25, 2012, the Defendant awarded a contract to the Plaintiff for the new construction work of the second-story housing unit C (hereinafter “instant housing”) on the ground of the old-si Seoul Special Metropolitan City (hereinafter “instant construction work”) at KRW 94 million for the construction cost.

B. The Plaintiff made additional construction work equivalent to KRW 4,796,00.

C. The Defendant paid KRW 64 million to the Plaintiff out of the above construction cost, and disbursed KRW 2030,000 with gas costs, etc. relating to the instant construction work, and directly executed 20,518,000 and waterproof construction work.

The instant housing was approved for use on April 30, 2013, and the Plaintiff completed the instant construction and additional construction work on August 15, 2013, and delivered the instant housing.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, 9, Eul evidence Nos. 3, 5, and 11, the purport of the whole pleadings

2. According to the above facts as to the claim of the principal lawsuit, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 12,248,00 (=98,796,000 (= KRW 4,796,000)-86,548,00 (=6,400,000 KRW 20,518,000)) and damages for delay, barring any special circumstances.

3. As to the counterclaim and the set-off defense against the cause of the principal lawsuit

A. The Defendant’s assertion that: (a) the Defendant: (a) deducted the construction cost of KRW 3,125,00 from KRW 12,248,00 for the remaining construction cost of the instant case from KRW 12,248,00; and (b) deducted from the Defendant’s construction cost of KRW 12,00,00 for the reinforced block construction cost executed by the Defendant; (b) the Defendant did not have any obligation to pay the remainder of the construction cost to the Plaintiff; and (c) the Plaintiff would instead return the difference of KRW 2,877,00 to the Defendant (= KRW 3,125,125,000 (= KRW 12,248,00)- the remainder of the construction cost of KRW 12,240 for the remainder of the construction cost of the instant case; and (b) the Plaintiff’s obligation to pay KRW 46,24,600 for damages in lieu of defect repair of the defect repair in each of the instant construction works.

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