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(영문) 서울남부지방법원 2019.07.16 2018가단236252
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Defendant to provide some materials and install them by inserting materials, equipment, and labor manpower that the Plaintiff itself raised (hereinafter “instant construction contract”) with respect to the construction of D apartment gas facilities, which were implemented in the housing site district in Osan City, with the construction cost of KRW 160,00 per household (total of KRW 1,110) from November 1, 2016 to January 31, 2018 (hereinafter “instant construction contract”).

B. On August 2017, the Plaintiff demanded that the Defendant increase the unit cost from KRW 160,000 per household to KRW 199,000,000 per household, but the Defendant did not accept such demand, but suspended construction thereafter.

C. From November 2016 to September 2017, the Defendant paid KRW 98,686,050 to the Plaintiff as construction cost under the instant construction contract.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, Eul evidence 1, 3, and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the claim in this case, the Plaintiff entered into a contract with the Plaintiff to pay KRW 160,000 to the Plaintiff for KRW 1,200,00 per household unit price, and the Plaintiff did not increase the unit price, thereby causing losses, and the Defendant gains profits without any legal grounds, such as the Plaintiff’s provision of services to get off and off the Plaintiff, and the amount equivalent to the cost for the installation of equipment installed by using the equipment owned by the Plaintiff, and thus seeking payment of KRW 30,000 as part of the claim. However, there is no evidence to acknowledge the Plaintiff’s assertion, and thus, the Plaintiff’s claim in this case is without merit.

3. Judgment on the counterclaim

A. The Defendant’s assertion that the Plaintiff unilaterally ceased construction works around August 2017, and failed to perform the instant construction contract. Since then, the Defendant is an additional human resources to meet the air.

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