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(영문) 서울중앙지방법원 2016.06.29 2014가단5325535
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,619,081 to the Plaintiff (Counterclaim Defendant) and its related amount from December 2, 2014 to June 29, 2016.

Reasons

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

1. Basic facts

A. On June 11, 2014, the Plaintiff entered into a contract with the Defendant for DIndustrial Complex Extension Corporation (hereinafter “instant construction contract”) located in the Innju City operated by the Defendant (hereinafter “instant construction contract”). The main contents are as follows.

Total contract amount: 137,200,000 won for the payment of down payment: 41,160,000 won for the payment of down payment on June 11, 2014; 41,160,000 won for the intermediate payment; 27,40,000 won for the payment after completion inspection; and 27,440,00 won for the intermediate payment after completion inspection; and 27,440,00 won for the remainder after completion of the additional work: September 30, 2014: Provided, That the additional work is completed within 15 days after completion.

A special engineer: Details of construction shall be referred to in a written estimate, and the details not included in a written estimate shall be constructed after mutual consultation.

B. On October 25, 2014, the Plaintiff requested the instant construction to E to undergo a completion inspection.

C. The Defendant paid KRW 94,000,000 in total to the Plaintiff ( KRW 37,000,000 on June 12, 2014, KRW 37,000,000 on August 28, 2014, and KRW 20,000 on September 22, 2014) as the instant construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. Determination on the main claim

A. There is no dispute between the parties as to the fact that the Defendant did not pay to the Plaintiff the remainder of KRW 43,200,000 (total contract price of KRW 137,200,000 - the paid contract price of KRW 94,00,000).

B. The Plaintiff asserted as follows: (a) the instant construction contract entered into an agreement with 300 square meters on the package construction; (b) the total construction area increased to 540 square meters; and (c) the Defendant shall pay the Plaintiff KRW 15,047,500 for the additional package construction cost; (b) the Plaintiff and the Defendant calculated the 300 square meters per square meter at the time of the instant construction contract by calculating the 300 square meters per square meter at KRW 60,000 as KRW 18,000 for the additional package construction cost.

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