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(영문) 서울중앙지방법원 2017.12.21 2016가단5149452
공사대금
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd.: (a) 44,000,000 won against the Plaintiff (Counterclaim Defendant) and its related thereto from September 1, 2015.

Reasons

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

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 7, Eul evidence 1, 3, 5, Eul evidence 1 and 3, and the whole purport of the pleadings:

1) Construction contract between the Defendants is a construction contract between Defendant medical corporation B (hereinafter “Defendant B”).

(C) On September 25, 2013, Defendant C Co., Ltd. (hereinafter “Defendant C”) is limited to “Defendant C.”

) The construction period for the construction of the new construction and parking building in Jung-gu Seoul Special Metropolitan City E Hospital was determined and contracted to the Corporation as the construction cost of KRW 25.19 billion (including value-added tax) from September 25, 2013 to November 25, 2016, and the construction cost of KRW 25.19 billion (hereinafter referred to as the “instant construction”).

(2) While the construction of parking buildings was completed on May 2015, 2015, the approval for provisional use was around October 20, 2015, and the new construction was not completed, and Defendant C’s construction business license was revoked on or around February 2016, and Defendant B notified Defendant C of the discontinuance of construction around March 15, 2016.

3) From October 2013 to June 2015, Defendant B paid KRW 5,142,50,000 to Defendant C as advance payment for the instant construction project. From the time of the discontinuance of construction, Defendant B paid KRW 1,134,585,485 out of the advance payment until the discontinuance of construction works, and additionally paid KRW 6,678,430,000 as advance payment and paid KRW 7,813,015,485 in total to Defendant C as advance payment. (4) Defendant B and Defendant C agreed to settle accounts of KRW 7,813,013,015,485 until the discontinuance of construction works.

5) Defendant B filed a lawsuit against Defendant C seeking the return of KRW 4,007,914,515, which was the remainder after deducting KRW 1,134,585,485 from advance payment of KRW 5,142,50,000, the Seoul Central District Court 2016Gahap57359, which was the remainder of KRW 5,142,50,000. B. The Plaintiff and Defendant C’s subcontract 1 between the Plaintiff and the Defendant C) on December 4, 2013, Defendant C filed a lawsuit against the Plaintiff for the construction period from January 15, 2014 to November 25, 2016, the construction price of KRW 316,500,000,00 for the instant construction work period.

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