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(영문) 수원지방법원 2016.10.06 2015가단7738
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 7, 2014, the Defendant awarded a contract for the new construction of the village hall B in the Shinsi-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si (hereinafter “instant construction”) and subcontracted the construction cost of KRW 150,00,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from August 8, 2014 to October 27, 2014, the Defendant appears to have written down the down payment of KRW 40,000,000,000 for the first completed payment of KRW 40,000,000

The amount of KRW 400,000,000 stated in the third progress payment shall be deemed to be written in writing.

B transferred the construction price to the Defendant at each ordering office within one week from the date on which the construction price was paid to the Defendant, and the Plaintiff agreed at the time of approval to submit data on approval to the Defendant.

(hereinafter “instant construction contract”). B.

On August 19, 2014, the Defendant received remittance of KRW 56,486,880 from C, the ordering authority, and remitted KRW 40,00,000 to the account in the name of D designated by the Plaintiff on the same day, and received KRW 39,270,000 from C on October 8, 2014, and remitted KRW 39,270,000 to the account in the name of D on October 10, 2014, and paid the Plaintiff totaling KRW 79,270,00 ( KRW 40,000,000) to the Plaintiff.

C. On November 10, 2014, the Defendant sent to the Plaintiff a certificate of content that the instant construction contract is terminated by ordering the termination of the Plaintiff’s on-site work on the grounds that the Plaintiff voluntarily suspended the instant construction work and received it at the site on November 8, 2014, and did not submit data on approval of the construction cost to the Defendant.

From November 10, 2014, the Defendant, from around November 10, 2014, performed the construction cost required for the instant construction by directly paying it to the contractor, and the said construction was completed as of December 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the principal lawsuit

(a)a party’s assertion 1.

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