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Reasons
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(영문) 의정부지방법원 2017.10.18 2016가단100898
공사대금
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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 116,360,803 as well as the full payment from January 1, 2017.

Reasons

1. Facts of recognition;

A. On October 5, 2014, the Plaintiff: (a) concluded a contract with the Defendant for the instant construction work (hereinafter “instant construction work”); (b) the amount of KRW 180,000,000,000 for construction cost; and (c) the down payment and KRW 45,000,000,000 for the purchase price of KRW 17,000,000,000 for KRW 17,000,000 for KRW 10,000,000 for KRW 17,000,000,000 for KRW 17,000,000 for the purchase price; and (d) concluded a settlement by offsetting the balance of KRW 125,00,000,000 for the loan of KRW 17,000,000 for KRW 170,000 for the purchase price.

B. The Plaintiff, while carrying out the instant construction, added the remaining area at the Defendant’s request, added and carried out landscaping and ston construction. On March 13, 2015, the Plaintiff agreed to settle the construction cost for the period with the Defendant on a single-lane basis, and drafted an agreement on accord and satisfaction with the following content.

1. Ascertainment that the aggregate of the amounts payable by agreement of March 13, 2015 is KRW 124,400,000 in total;

2. Eul (the plaintiff; hereinafter the same shall apply) shall pay Gap (the defendant; hereinafter the same shall apply) the remaining 45,000,000 won after deducting the loan of KRW 125,00,000 from the loan of KRW 170,000 among the loan of KRW 125,00,000 on 304, Dong-si and 101 (hereinafter the "this case's room") from the total construction cost, out of the total construction cost, to Gap (the defendant; hereinafter the same shall apply). The amount of paragraph (1) above shall be paid within 20 days after completion.

3. The transfer registration of ownership shall be made at the intervals of ten days after the completion of construction.

4. Transfer of ownership and loan expenses shall be borne by A;

C. After that, on September 25, 2015, the Plaintiff and the Defendant finally settled the construction cost and drafted an agreement with the following terms and conditions (hereinafter “instant agreement”).

1. The total sum of the amounts payable by agreement on March 13, 2015 is KRW 124,40,000, and KRW 5,000,000 in double payment as of September 25, 2015 and the balance is KRW 119,40,000.

2. Provided, That 4ths.

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