logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.08.08 2015나32439
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to be paid below.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On December 10, 201, the Plaintiff agreed with the Defendant to receive KRW 16 million from the design and consulting cost for constructing a new electric power resource house (hereinafter “instant housing”) on the ground of Gyeonggi-si C, Gyeonggi-gu.

B. On April 3, 2012, the Plaintiff entered into a construction contract with the Defendant on the construction cost of 400 million won (which includes the cost of design and consulting as above, and is the aggregate of the cost of new housing construction works and incidental civil engineering works) and the construction contract that the Plaintiff wishes to receive from the Defendant during the construction period from April 9, 2012 to September 9, 2012 (hereinafter “instant contract”).

C. On September 18, 2012, the Plaintiff was awarded a contract for additional construction work other than the aforementioned new construction work (hereinafter “instant construction work”) with the Defendant for the construction cost of KRW 18.5 million.

On April 23, 2013, the instant house obtained approval for use on April 23, 2013, and the Defendant completed the registration of ownership preservation on April 29, 2013 after completing the registration of ownership in the building ledger for the instant house on the same day.

E. Meanwhile, the Plaintiff received a total of KRW 10 million from the Defendant on December 9, 201, KRW 30 million on April 9, 2012, KRW 50 million on September 3, 2012, KRW 50 million on September 28, 2012, KRW 10 million on October 1, 201, KRW 20 million on October 15, 2012, KRW 1150,000 on December 13, 2012, KRW 150,000 on December 31, 2012, KRW 500,000 on December 14, 2013, KRW 500,000 on May 24, 2013, KRW 500,000 on May 36, 2013; and KRW 503 million on May 24, 2013; and

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1, 2, 15, 16, 17, 20; Eul evidence Nos. 12 and 13 (including branch numbers; hereinafter the same shall apply); Gap witness E's testimony; and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion as to the Plaintiff’s principal lawsuit is the cause of the Plaintiff’s principal lawsuit, and the Defendant, even though the Plaintiff completed all of the instant construction work.

arrow