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(영문) 전주지방법원 2019.10.11 2018나11827
공사대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

1. Summary of the cause of claim;

A. The Plaintiff, which is the cause of the principal claim, is engaging in the Do, retail, and intermediate businesses of construction materials in the trade name C.

On November 29, 2016, the Plaintiff entered into a reclamation contract with the Defendant, the owner of the instant land (hereinafter “instant land”). The Plaintiff paid KRW 20,000,000 for total construction cost, and the construction cost on June 30, 2017 for the intermediate period, and paid KRW 10,000,000 for the remainder when the construction is completed, and the remainder was paid as at the present road.

The Plaintiff completed the instant construction work on or around January 2017, but the Defendant did not pay KRW 5,000,000 out of the construction price of the instant case. As such, the Defendant shall pay the Plaintiff the payment of KRW 5,00,000 and the delay damages therefrom.

B. The Defendant, which caused the counterclaim, discontinued construction without completing the instant construction work, but the Plaintiff paid KRW 5,00,000 out of the remainder of the construction payment at the Defendant’s request on February 28, 2017.

The Plaintiff buried the instant land and performed defective construction works, and did not complete the instant construction works despite the Defendant’s demand.

The Defendant was temporarily bean for the instant land, and the instant land was damaged by the bean field during the process of restoring the embankment from the land.

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 400,000, KRW 450,000, KRW 300,000, KRW 650,000, and KRW 6,450,00, and the remainder of the construction cost of the instant case paid in advance, as damages for nonperformance of obligation, to the Defendant, including the remainder of the construction cost of KRW 5,00,00,000, and delay damages therefrom.

2. Determination

A. In full view of the statements and images of Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 to 4 (including paper numbers), and the purport of the entire pleadings in witness E’s testimony, the plaintiff and the defendant of this case.

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