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(영문) 수원지방법원 평택지원 2018.04.04 2016가단13135
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 57,169,49 to the Defendant (Counterclaim Plaintiff) and its amount from January 31, 2018 to April 4, 2018.

Reasons

1. Basic facts

A. On May 25, 2016, the Plaintiff entered into a contract for construction of a new building (hereinafter “instant contract”) with the Defendant to supply and demand a new building on the ground of Pyeongtaek-si C (hereinafter “instant construction”).

B. The principal cost of the instant contract is KRW 250,00,000 (Additional Tax separately) and the method of paying the construction cost on September 30, 2016 at the time of completion of construction on May 30, 2016 (hereinafter “the completion date of the instant contract”): 25,000,000 won for the payment of the down payment, KRW 20,000,000 after the commencement of the instant construction: 25,000,000 for the payment of the down payment, KRW 20,000 for the first time, 20,000 after the completion of the instant construction, 15,000 after the completion of the construction, and 20

C. On May 25, 2016, the Plaintiff received a total of KRW 125,00,000, including the down payment of KRW 25 million from the Defendant.

On September 26, 2016, the Plaintiff issued a written notification stating the following purport: (a) around September 26, 2016, the Plaintiff’s notification of the cancellation of the construction contract by the Plaintiff: (b) delayed construction works due to the Defendant’s frequent oral demand for change of construction design; (c) interference with the construction site and frequently changing materials in the superior position of the owner; (d) interference with the Plaintiff’s employees arising from the act of destroying the promise by phoneing to the upper end of the building site manager; and (e) giving up construction works based on the instant contract on the ground of intimidation and slandering the Plaintiff by the Defendant’s Dong Office; and (e) granting the Defendant a written notification stating that KRW 17,00,000 shall be paid at the settlement cost of construction costs and materials brought in (hereinafter “instant termination notification”); and

E. As a result of the appraisal of defects and defects, the construction of the instant case conducted by the Plaintiff pursuant to the instant contract is 53.8%, and the sum of the defect repair costs arising from the appraisal of defects requested by the Defendant is 78,695,645 won (excluding surtax).

F. The separate main contents of the instant construction contract are as shown in the attached Table.

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