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(영문) 창원지방법원 통영지원 2018.07.19 2017가합10240
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 229,950,60, and KRW 97,950,60 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 229,950,60 on December 31, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C. On November 19, 2013, the Plaintiff entered into a shipbuilding contract with the Defendant for the construction cost of KRW 7,150,000 (including value-added tax) and entered into a vessel “C” (hereinafter “instant C”).

3) The Plaintiff and the Defendant concluded a shipbuilding contract. Since then, the Plaintiff and the Defendant changed the construction cost of KRW 7,550,000 (including value-added tax) into KRW 7,50,000 (hereinafter referred to as “instant shipbuilding contract”).

(2) The Plaintiff completed the instant shipbuilding under the instant shipbuilding agreement, and completed the vessel inspection by the president of the Korea Ship Safety Technology Authority on October 21, 2014, and delivered the instant C to the Defendant around December 2014.

3) As of March 31, 2015, the construction cost unpaid under the instant shipbuilding contract was KRW 390,000,000,000. However, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 50,000,000 each month from April 15, 2015 to October 15, 2015, and KRW 40,000,000 on December 15, 2015, and the unpaid construction cost is KRW 97,950,60 in total. (b) The conclusion of a vessel repair contract related to D and the delivery Plaintiff around March 2014, the “D” owned by the Defendant (hereinafter “instant D”).

with respect to the construction cost of KRW 132,00,000 (including value-added tax) and the vessel repair contract (hereinafter “instant repair contract”).

Upon completion of repair, the Plaintiff concluded a tax invoice on the construction cost under the instant vessel repair contract on March 26, 2014, and delivered DD to the Defendant. The Plaintiff issued a tax invoice on the construction cost under the instant vessel repair contract. [The Plaintiff did not dispute any ground for recognition, and the purport of the entire pleadings and arguments as stated in subparagraphs A and 3 through 8.]

2. Determination as to the principal lawsuit

A. According to the facts of the determination as to the cause of the claim, the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 97,950,600, and the unpaid construction cost of KRW 132,000,000 under the contract for the repair of the instant vessel, as well as KRW 29,950.

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