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(영문) 대구지방법원 2016.05.12 2013가단18582
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s claim of this case is dismissed in entirety.

2. The plaintiff (Counterclaim defendant) A.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Plaintiff

B On June 2, 2011, Plaintiff B entered into a contract with the Defendant for construction works with the content that the Defendant would receive the payment of the construction cost of the HH works (such as earth and sand works, irrigation works, etc.) among the H works constructed on Kimcheon-si D, E, F, and G on the ground of Kimcheon-si, 8,800,000, advance payment of KRW 16,000,000, advance payment of KRW 16,000,000, and the scheduled completion date of construction works on November 30, 2011.

Plaintiff

B, while carrying out the above construction, the above construction was suspended on September 201.

Plaintiff

B received KRW 42,00,000 from the Defendant.

Plaintiff

A around June 30, 201, Plaintiff A and the Defendant performed the said construction work upon entering into a contract for the construction work with the effect that the construction cost is KRW 307,50,000 for the said H work, the construction period is from June 201 to October 201, and the defect repair period is 12 months after the completion of the construction work, and the said building was completed on May 3, 2012.

In addition, in September 201, Plaintiff A entered into a construction contract with the Defendant to receive the payment of the construction cost of KRW 50,000,00, and the construction period of the remaining portion of the civil engineering, ducts, and stone construction work suspended while performing the construction work upon receipt of B from the Defendant around September 201 and November 201, and implemented it.

In addition, the plaintiff A entered into a construction contract with the defendant and completed the construction work in relation to the additional construction of the access roadter, balone, bathing, alteration of bathing, stone balone, water supply pipe, container transport, stone balone, and lighting. The construction cost is KRW 28,60,000.

[Ground of recognition] A did not dispute the following facts: Gap's evidence 1, 2, 4, 5, Gap's evidence 6-2, Gap's evidence 9-1, 2, 3, and Gap's evidence 10, Gap's evidence 10, Gap's whole purport of pleading, and plaintiff Eul's assertion as to plaintiff Eul's main claim, the additional construction volume and amount at the time of the contract for the above civil works with the defendant of the plaintiff Eul.

During the construction work, the house section of the housing site is in progress.

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