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(영문) 인천지방법원 2020.02.18 2017가합3242
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,978,890 to the Plaintiff (Counterclaim Defendant) and its related amount from November 23, 2017 to February 18, 2020.

Reasons

1. Basic facts

A. On June 21, 2017, the Plaintiff: (a) from the Defendant on June 21, 2017, the Defendant used the freezing warehouse Fdong, Gdong, and the Defendant mixed Fdong with Cdong and G Dong with Ddong; (b) However, the Plaintiff is limited to “Fdong” and “G Dong”; (c)

A contracting party entered into a contract for the construction project to extend the Capital, etc. (hereinafter “instant construction project”).

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

3. Date of commencement: The scheduled date of completion on June 22, 2017: September 15, 2017 (the date of completion shall be 130 square meters and shall be 130 square meters and shall not be in dispute between the parties concerned. No later than August 2017).

5. Contract amount: 643,500,000 won (including value-added tax); and

6. Contract bond: 5% of the contract amount (it shall be possible to substitute securities for performance guarantee);

7. Prepaid money: 128,700,000 won (including 20% of the construction cost and value-added tax);

8. Initial amount: 30% at the time of completion of steel : 193,050,000 won at the time of completion of steel : 30% at the time of completion of the board: 193,050,000 won at the time of completion of the board: 20% after completion of the construction, 128,700,000 won; 3/100

B. On June 22, 2017, the Plaintiff commenced the instant construction work.

The Defendant obtained approval from the head of the Incheon Metropolitan City Office on October 31, 2017 for the warehouse Fdong among the instant construction works, and on November 22, 2017 for the remainder of the building.

【Ground of recognition】 Evidence A, Evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion completed construction before the scheduled completion date under the instant contract, and the remainder was extended by air at the Defendant’s request for additional construction and completed construction on November 2, 2017.

However, the Defendant recognized that the Plaintiff was paid part of the additional construction cost, unlike the complaint, while the Defendant did not modify the purport of the claim.

not paid.

Therefore, the defendant shall pay the above construction cost to the plaintiff.

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