logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.01.15 2013나12597
공사대금
Text

1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.

2. To the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is engaged in the construction business with the trade name “F” in the Bupyeong-gun E.

B. On June 26, 2010, the Plaintiff entered into a construction contract with the Defendant to enter into a contract for the construction work that sets the construction cost of KRW 180,000,000 on the land of the 2nd building building (hereinafter “instant building”) on the land owned by the Defendant, which was to be awarded a contract for the construction work (hereinafter “instant construction contract”), and completed the said new construction work on October 4, 2010.

C. After that, between the Defendant’s wife and the Defendant’s wife, the Plaintiff entered into an additional construction contract under which the Plaintiff will receive a contract by setting the construction cost of KRW 18,200,000 for the installation of walls and windows for the part of the toilet extension composed of the existing roof and columns (hereinafter “instant additional construction contract”), and completed the said additional construction work around that time.

The Defendant paid 144,843,000 won to the Plaintiff as the construction cost of the instant case.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Gap's 5-1 through 3, Gap's testimony and the whole purport of pleading

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, the Plaintiff completed all the construction work under the instant construction contract and the instant additional construction contract, and the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 198,20,000 (=180,000,000,000) plus the remainder of KRW 53,357,000, excluding the amount of KRW 144,843,000 already paid to the Plaintiff (=198,200,000-14,843,000), barring any special circumstances.

B. The defendant's assertion 1 is not included in the scope of the construction contract of this case, and the plaintiff's use of the cost of creating the parking lot of KRW 30,000,000 to the extent of the construction contract of this case, so the above KRW 30,000 should be deducted from the construction cost, but the plaintiff's completion of the parking lot construction work.

arrow