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(영문) 대전지방법원 천안지원 2017.03.21 2015가단8281
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 19,776,43 to the Defendant (Counterclaim Plaintiff) and its amount from June 3, 2016 to March 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 20, 2014, the Plaintiff concluded a construction contract with the Defendant (hereinafter “instant construction contract”) under which the Plaintiff entered into a contract with the Defendant, setting the construction cost of KRW 145,000,000 (excluding value-added tax) and KRW 98,00,00 with respect to the instant initial construction work (hereinafter “instant initial construction work”).

B. On February 3, 2015, the first construction of the instant construction contract, the Defendant requested the Plaintiff to terminate the said construction contract with the Plaintiff on the ground that the compost company and the oil similar civil construction works, the government administration, fences, fences, tents, and the building status survey will be entrusted with construction works to other construction business operators, and the Plaintiff accepted such request and agreed to the following (hereinafter “instant agreement”).

On November 20, 2014, B and the contractor B shall only 466 square meters (1,540 square meters) of the construction contract on February 3, 2015, and only 100 million won (Won 10,500,000) of the construction contract (Won 10,500 square meters) shall be terminated the contract.

In addition, it is ordered to complete the construction by February 13, 2015, and at the time of the suspension of construction or the time of non-construction, it shall be deemed to be the renunciation of automatic business and liquidated in the present condition.

C. While the Plaintiff was carrying out the instant construction project under the agreement (hereinafter “instant construction project”), the part of the instant construction project from the Defendant, who was requested by the Defendant to directly install the instant livestock pens, was accepted, and agreed with the Defendant to reduce KRW 4,245,90 from the construction cost of the instant construction project to KRW 4,245,90.

The Plaintiff received respectively KRW 60,00,000 from the Defendant on December 19, 2014, and KRW 2,000,000 on December 25, 2014, and KRW 60,000,000 on January 2, 2015, and KRW 9,245,100 on March 27, 2015, and KRW 5,00,00 on July 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion (this refers to the plaintiff's assertion).

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