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(영문) 수원지방법원성남지원 2016.05.13 2014가단34637
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 52,742,140 to the Plaintiff (Counterclaim Defendant) and its related amount from July 16, 2014 to May 13, 2016.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The plaintiff (former trade name: B) is a company that carries on housing construction business, etc., and the defendant is a company that carries on housing construction, construction contract, etc.

B. 1) The Plaintiff and the Defendant entered into a subcontract contract on June 1, 2012: The name of the prime contractor for a new housing project: the name of the main contractor for a new housing project: the name of the construction project for a new housing project and the name of the subcontractor for a new housing project: the location of the construction project: D (E housing complex) in the area of a branch of Sung-nam City: June 1, 2012; the construction period: the date of the commencement of the construction project; October 31, 2012; the contract amount of KRW 387,200,000 (including value-added tax) (hereinafter “instant one contract”).

(2) On July 11, 2012, the Plaintiff and the Defendant entered into a subcontract agreement (hereinafter “instant two subcontract agreement”) with respect to construction of FC detached housing, subcontracted name: structural construction and finishing construction among new housing construction works, location of construction: Namyang City G and construction period: July 11, 2012; the date of the commencement of construction; November 30, 2012; the contract amount of KRW 545 million (including value-added tax); and the contract amount of KRW 545 million (including value-added tax).

3) The Plaintiff and the Defendant’s name of the prime contractor on July 11, 2012: A subcontract agreement (hereinafter “instant third construction contract”) stating that the construction and finishing works among the new housing construction works, the location of the construction works, the location of the construction: I and the construction period: July 11, 2012 from the commencement date of the construction work; November 30, 2012 from the completion date of construction; the contract amount of KRW 480,180,000 (including value-added tax) shall be concluded (hereinafter “instant third construction contract”).

(4) On August 10, 2012, the Plaintiff and the Defendant concluded a subcontract with the term “original contract”: J, K-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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