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(영문) 울산지방법원 2015.11.13 2015가단723
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who conducts a business, such as hanok’s construction, with the trade name of “C”.

B. On February 26, 2013, the Plaintiff and the Defendant concluded a contract under which the Plaintiff would undertake new construction work of Hanyang-si (hereinafter “instant housing”) with the construction cost of KRW 245 million on the ground, including Hanyang-si D, etc. owned by the Defendant (hereinafter “instant construction contract”).

C. The building permit date for the instant housing was March 18, 2013; the commencement date was April 11, 2013; and the approval date for use was February 27, 2014.

On March 6, 2014, the Defendant completed the registration of initial ownership on the instant housing, which is “121.8 square meters for single house of 121.8 square meters in a fluoral roof and a fluoral roof.”

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, 6, Gap evidence 2-1, Eul evidence 2-2, the purport of whole pleadings]

2. The allegations by the parties and the determination thereof

A. 1) At the time of the instant construction contract, the Plaintiff decided to use the instant house as a 32 square meters, roof pattern as a duplal roof. Since the size was wideed to 36 square meters, the roof pattern was changed to a duplal roof, and the additional construction cost was incurred due to additional demand for removal. The details are KRW 27,71,625, and KRW 543,250, which were to be borne by the Defendant, out of KRW 27,771,625, and KRW 14,540,000, and KRW 3,000,000,000 for the boiler room, KRW 1,00,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 1,500, KRW 1,500,000, KRW 2761,6750,000,000 for the instant construction cost.

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