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(영문) 광주고등법원(제주) 2016.08.24 2015나1170
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 53,778,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 20, 201, the Plaintiff received orders from the Defendant from the Defendant during the period from January 20, 201 to July 20, 201, for the construction of 2 Dongs (A Dong Dong Dong Dong Dong Dong and B Dong; hereinafter “instant building”) of the pented building on the ground owned by the Defendant (hereinafter “instant construction”) with the price of KRW 560 million, and the period from January 20, 201 to July 20, 201.

B. After completion of the instant construction, the Plaintiff completed each approval for use of the instant building on August 30, 201, and September 7, 2011.

The Plaintiff received the construction cost of KRW 528 million in total between April 27, 2011 and July 15, 2011.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the cause of the principal claim. Of the instant construction cost, the Plaintiff sought payment of KRW 32 million in total (i.e., KRW 560 million in contract price - KRW 528 million in total) and KRW 73.1 million in total (i.e., KRW 41 million in additional construction cost 70 million in total) and KRW 73.1 million in total (i.e., KRW 32 million in total) and delay damages.

B. The defendant's assertion is the cause of a counterclaim, and the construction cost of repairing or constructing the non-execution or non-execution part of the instant construction work according to the original design drawing has been assessed to have been KRW 191,548,00 (see evidence Nos. 5, 191,548,00). While the above appraisal was not included in the above appraisal, the defendant added KRW 12,174,00,000, excluding the remainder construction cost of KRW 32,000,000, excluding the remainder of construction cost of which the defendant has not paid (i.e., KRW 191,548,000, KRW 12,174,000) and damages for delay.

3. Determination

A. Of the instant construction cost, the portion unpaid is KRW 560,000,000,000 that the Plaintiff agreed with the Defendant, and KRW 560,000.

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