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(영문) 서울동부지방법원 2020.10.16 2019가단2040
공사대금
Text

The defendant's KRW 4,300,000 to the plaintiff as well as 6% per annum from March 21, 2019 to October 16, 2020.

Reasons

1. The parties' assertion

A. On September 22, 2016, the Plaintiff asserted that the construction work was completed by receiving the payment of the construction cost as KRW 43,717,143, and the additional construction cost as KRW 57,29,202 from the Defendant.

However, the Defendant paid only KRW 38,700,000 on July 27, 2016, and KRW 9,000,000 on August 12, 2016, and KRW 11,700,000 on October 14, 2016, and did not pay the remainder KRW 62,316,345 on the grounds that the Defendant is seeking payment of the remainder of the construction cost.

B. The Defendant asserted that the Plaintiff entered into a construction contract with the Plaintiff for the instant construction work in KRW 43 million and paid KRW 38.7 million, and the remainder was appropriated for the amount of damages, such as the cost of repair for defects incurred in the construction work performed by the Plaintiff.

Therefore, the construction cost to be paid to the Plaintiff is not remaining.

2. There is a dispute between the parties as to the construction cost as determined at the time of conclusion of the instant construction contract, and the evidence alone submitted by the Plaintiff is insufficient to recognize that the Plaintiff paid the construction cost as claimed by the Plaintiff with the Defendant, and there is no other evidence to acknowledge this otherwise, the construction cost of KRW 43 million in the Defendant’s identity shall be deemed the

In addition, there is no dispute between the plaintiff and the defendant that the plaintiff completed the construction of the case in question.

Therefore, the Defendant, upon completion of the instant construction project, shall not claim against the Plaintiff as to the existence or scope of the Defendant’s obligation from March 21, 2019 to October 16, 2020, KRW 4300,000 (i.e., the construction cost of KRW 43,000,000), and as to the said amount, KRW 38,70,000 (i.e., the 38,700,000).

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