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(영문) 광주지방법원 2019.11.29 2018가단516218
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 141,422,186 and KRW 5,500,000 among them, Defendant B’s limited liability company (Counterclaim Defendant) shall have the effect on October 31, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 31, 2017, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C, an oriental medical doctor, by setting the lease deposit amount of KRW 400 million, monthly rent of KRW 24 million, and the lease term from October 16, 2017 to October 15, 202, with respect to the instant building (hereinafter “instant building”).

The special terms and conditions of the instant lease agreement include that “The lessor constructs and leases hospital facilities, and the lessee cannot request the lessor to provide for premium or time facilities. The lessor bears KRW 650 million (value-added tax separate) with the total expenses of KRW 650,000,000 (value-added tax separate) from the total expenses by the commencement date of construction works inside and outside hospital facilities and hospital business (the scope of construction works: design costs, elevator replacement, rooftop waterproof (3th floor/5 floor), landscape trees, parking lot fences, parking lot fences, 1st floor entrances, additional installation of exterior walls, building removal works, hospital authorization, etc.) and additional expenses shall be borne in full by the lessee. In any case, the interior, rooftop waterproof, elevator replacement, the lessor is selected by the lessor and the lessee shall be determined by the lessee.”

B. On May 31, 2017, Defendant B entered into a contract for construction works (hereinafter “instant construction contract”) with the Plaintiff, setting the construction cost of KRW 715,00,000 (including value-added tax) and the construction period from June 1, 2017 to October 10, 2017, with respect to the interior works of the instant building (hereinafter “instant construction works”).

C. The Plaintiff completed the instant construction project around October 2017, and was not paid KRW 5,500,000 among the construction cost of the instant case.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, Eul evidence 1 to 5, and Eul evidence 10 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. Claim against Defendant B 1.

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