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(영문) 부산지방법원 2013.12.26 2013가단17786
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 6,089,614 to the Defendant (Counterclaim Plaintiff) and against this, from November 24, 2012 to December 26, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 7, 2009, the Plaintiff concluded a contract with Nonparty C for the construction work of the building on the scale of three stories above the D ground in the Gangseo-gu Busan Metropolitan Government computer unit for the construction cost of KRW 190 million and the construction period from October 7, 2009 to February 28, 2010.

In fact, the father E was acting for the plaintiff.

(C) The Plaintiff and C agreed on March 10, 2010 that “Until completion of the construction work after the end of the construction work after the end of the construction work after the end of the construction work after the end of the construction work after the end of the construction work, shall be paid directly by the Plaintiff. C shall complete the construction work until March 31, 2010, and shall pay damages equivalent to 2/10,000 of the total construction cost to the Plaintiff.”

(B) However, C did not complete the construction despite the above agreement and suspended the construction on or around March 14, 2010. (hereinafter referred to as the “instant agreement”).

The defendant, among the above new construction works of building C, was awarded a subcontract for construction costs of KRW 24 million and suspended part of construction works.

The Defendant asserts that the construction of this case was subcontracted on January 20, 2010, and that the reason for discontinuance of construction was due to the agreement between the Plaintiff and C on March 10, 2010, and that C and C could not continue construction.

However, after the agreement of this case, the plaintiff requested the defendant to continue to pay the above subcontract price directly to the defendant, and since part of the construction work was carried out by the defendant, the plaintiff shall continue to carry out the subsequent construction work after receiving the payment of the contract price of five million won, and on March 13, 2010, the plaintiff paid five million won to the defendant through the non-party F.

(On the other hand, the defendant submitted a written estimate of KRW 23,739,50 to the plaintiff on February 23, 2010 at the plaintiff's request.

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