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(영문) 대전지방법원 2019.12.05 2017가단210782
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 3,740,000 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 24, 2016, the Plaintiff entered into a contract for construction with the Defendant for C Apartment (hereinafter “instant apartment”).

(3) The construction of roads and parking lot asphalts in a complex (the scope of the construction: package, boundary stone replacement, parking lot waterproofing, tea line painting, various manmany increase, and other) was awarded a contract with the price of KRW 34 million (excluding value-added tax) and the construction period from June 1, 2016 to June 30, 2016 (hereinafter “instant first construction”) (hereinafter “instant construction”).

(2) On June 10, 2016, the Plaintiff received contracts from the Defendant during the construction period from the Defendant to KRW 3 million (excluding value-added tax) and from June 15, 2016 by setting the period of construction from June 10, 2016 to July 30, 2016.

(3) On June 15, 2016, the Plaintiff received a contract from the Defendant for the construction work of expanding the entrance of the instant apartment parking lot from the Defendant (hereinafter “instant secondary construction work”). From June 15, 2016 to June 26, 2016, the construction work period of KRW 3 million (excluding value-added tax) and from June 20, 2016 to July 26, 2016 (hereinafter “instant third construction work”).

(B) On July 25, 2016, the Plaintiff submitted the completion date of the instant Second Work to the Defendant. On July 27, 2016, the Plaintiff was confirmed by the Defendant that the Plaintiff faithfully performed the instant First Work. Around that time, the Plaintiff also completed the instant Third Work. [Grounds for recognition] The Plaintiff did not dispute any dispute, and the evidence Nos. 1, 5, and 13 (including the serial number; hereinafter the same shall apply) of the instant Second Work.

No. 4. Each entry of No. 4 and the purport of the whole pleading

2. Summary of the parties’ assertion

A. Although the Plaintiff completed the Plaintiff’s 1 to 3 construction works, the Defendant did not pay KRW 3.74 million out of the total construction cost.

The plaintiff, at the request of the defendant, does the electrical construction of a underground parking lot, ② the installation of a drainage line in a Ddong parking lot, ③ the ceiling of an underground parking lot, the repair works for outside water supply, ④ the replacement works with the entrance sewage of an underground parking lot, ⑤ the collective alteration network, and 6.

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