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(영문) 수원지방법원 2015.04.23 2013가단66542
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 24,727,102 as well as the full payment from March 18, 2015.

Reasons

1. Facts of recognition;

A. From the Defendant on July 14, 2008, the Plaintiff received a contract from the Defendant for the construction work for the construction work for the construction work for the construction of infrastructure, such as stone embankments, and the pipe lines, on the ground owned by the Defendant (hereinafter “instant construction work”), by setting the construction cost of KRW 135,300,000 (including value-added tax) and from July 14, 2008 to September 14, 2008, with regard to the construction work for the construction work for the site.

(hereinafter referred to as the “instant construction contract”) of the construction contract entered into at the time of the said contract.

The Plaintiff and the Defendant agreed to pay the construction cost at the time of the instant construction contract, 20% of the down payment as of July 14, 2008, the date of conclusion of the contract, and the first and second intermediate payment as of each process, and the balance within 30 days after the completion of construction.

C. The Defendant paid to the Plaintiff the construction cost of the instant construction, KRW 10 million on July 15, 2008, KRW 20 million on July 1, 2008, KRW 30 million on September 29, 2008, KRW 30 million on September 11, 2008, and KRW 90 million on November 3, 2008.

After that, around December 14, 2008, the Plaintiff and the Defendant changed the construction cost of the instant construction to KRW 125,300,000.

E. The Plaintiff terminated the instant construction project on December 2008, even though it completed most construction works in accordance with the instant construction contract, but did not complete certain construction processes (such as the height of natural stone stockpilings in N sections indicated in Appendix 2, the height of stone tins and natural stone tins in the K-J sections, the usage of telecommunications lines, and the height of miscellaneous miscellaneouss on the surface of the road).

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, and Eul evidence 1, the result of the on-site inspection by this court, the existence of appraiser C by this court, the result of appraisal, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The plaintiff's assertion 1 of the parties concerned completed all the process in accordance with the construction contract of this case and delivered the construction site of this case to the defendant around the end of December 2008. Thus, the defendant agreed to the contract of this case to the plaintiff.

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