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(영문) 수원지방법원안산지원 2016.07.07 2014가합23598
공사대금
Text

1. As to KRW 124,614,675 among the Plaintiff-Counterclaim Defendant and KRW 113,114,675 among the Plaintiff-Counterclaim Defendant and the Plaintiff-Counterclaim Defendant’s KRW 124,675.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 18, 2011, the Plaintiff entered into a construction contract with the Defendant to accept a subcontract for the construction period from August 12, 2011 to May 31, 2012, with regard to the “B Embassy New Construction Project” contracted by the Defendant as KRW 880,00,000 (including value-added tax) with respect to the “B Embassy Construction Project.”

On May 28, 2013, the Plaintiff and the Defendant made a contract to increase the free price at the request of the ordering person, and to add back back the white panel work, the construction cost shall be KRW 1,155,440,00 (including value-added tax), and the construction cost shall be paid within five days from the date of receipt of the object, and the construction period shall be changed from August 12, 201 to June 30, 2013.

(hereinafter referred to as the “Agreement to Change the Embassy,” and the said construction executed by the Plaintiff is called the “The Embassy,” b.

In relation to the payment of the price, Article 7 of the Agreement on the Change of the Embassy Construction Work of this case states that the payment of the price shall be made within five days from the date of receipt of the object, and on the side of the phrase stating that "the settlement of the price before the completion of the payment shall be made", only the defendant's corporate seal impression

C. Around June 10, 2013, the Plaintiff completed the Embassy Work. The Defendant paid the Plaintiff KRW 1,014,000,000 among the construction cost of the Embassy Work.

On the other hand, the Plaintiff entered into a construction contract with the Defendant on November 7, 2012, on the basis that the construction cost is KRW 66,00,000 with respect to the Changho Construction among the “Secheon C Staff Accommodation Construction,” and that the construction cost is paid within seven days after the expiration of the period, and that the construction period is from October 8, 2012 to February 28, 2013.

(hereinafter “instant Hongcheon Construction Contract,” and the said construction work implemented by the Plaintiff is “the Hongcheon Construction Work.” (e)

Since then, it is pointed out that the ordering authority has not carried out raping work to the defendant.

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