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(영문) 부산지방법원동부지원 2015.09.04 2014가합101636
공사대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 88,704,650 and its amount from September 6, 2014 to September 4, 2015.

Reasons

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

A. (1) On March 6, 2014, the Plaintiff concluded a contract with the Defendant to accept the instant construction contract with the content as follows (hereinafter “instant construction contract”).

The name of the construction project: (a) the construction period for reference to design drawings of 2: (b) the construction period on March 6, 2014; (c) the total construction period on June 30, 2014; (d) the total construction cost of KRW 392,00,000; (d) the terms and conditions of additional tax construction; (b) the Plaintiff including the c) the c) the c (i) the c) the c) the c (iv) the c) the first before July 20, 2014; (b) the Plaintiff completed the instant construction project. From March 8, 2014 to July 12, 2014; (b) the Plaintiff was paid KRW 300,40,000 as the construction cost of this case; and (d) the remainder of KRW 130,700 to KRW 300,400; and (e) the Plaintiff did not receive the total construction cost of this case (i) the 30000 or KRW 30010.40.30.30

2. Determination on the main claim

A. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay the remaining construction cost of KRW 130,760,000 to the plaintiff, unless there are special circumstances.

B. The defendant's assertion (1) asserts that the defendant cannot respond to the plaintiff's claim due to the following reasons.

① The Defendant directly paid KRW 62,96,990, in total, the construction cost for landscaping, electricity, piping facilities, boilers, ready-mixeds, and wholesale plates during the instant construction work, such as the Defendant’s statement on the payment of the Defendant’s additional construction cost, to the subcontractor.

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