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(영문) 창원지방법원통영지원 2016.05.26 2015가단24194
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 17,464,850 to the Defendant (Counterclaim Plaintiff) and its related amount from April 20, 2016 to May 26, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On September 19, 2012, Defendant B entered into a construction contract (hereinafter “instant contract”) with the Plaintiff on the following terms: (a) the term “instant building”; (b) the underground parking lot was a reinforced concrete structure; and (c) the construction of the new construction project on the ground (hereinafter “instant construction”) to KRW 150,000,000 for construction cost (hereinafter “instant construction cost”).

B. Defendant B and the Plaintiff paid KRW 35 million as down payment under the instant contract, and the first intermediate payment KRW 4,50 million as down payment, and the second intermediate payment KRW 4,50 million as of the wall of the underground parking lot and the second intermediate payment KRW 1,50,000 after the building’s first floor, the second intermediate payment KRW 1,50,000,000 for indoor interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works, and the remainder KRW 1,50,000 after the completion inspection is confirmed, and the remainder KRW 5,00,000 shall be paid after one year of the defect repair period.

C. Defendant B paid to the Plaintiff KRW 135 million out of the construction cost of the instant case.

On January 9, 2013, Defendant B sent to the Plaintiff, respectively, a content-certified mail demanding the completion of the instant construction work.

E. On March 4, 2013, the Plaintiff agreed with Defendant B on the following terms (hereinafter “instant agreement”).

1. The air: To complete the construction by March 20, 2013;

Provided, That where Eul (Plaintiff) has established the date of completion, it shall pay late compensation to Gap (Defendant B) in accordance with the General Construction Contract Business Act.

Other documents necessary for completion shall be submitted to the design office.

2. The remainder of the construction cost of KRW 0,000,000,000,000 shall be treated as direct payment for materials that have been thereafter invested.

3. The additional construction cost shall be paid in the amount of KRW 1,00,000,000 after completion.

The defect security deposit shall be replaced by a letter of performance guarantee as the construction work is completed.

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