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(영문) 수원지방법원 2019.06.04 2018가단19169
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

We also examine the principal claim and the counterclaim claim.

1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence of 1 to 12, Eul evidence of 1 to 7, and the purport of all pleadings.

① Around June 18, 2013, the Defendant contracted the Plaintiff with the construction cost of KRW 957,00,000 (including value-added tax, payment according to the nature), and the construction period from June 18, 2013 to September 30, 2013.

② Around September 23, 2013, the Defendant contracted to the Plaintiff for the additional construction of 30 square meters in relation to the instant construction project, including new construction of a factory, road packaging, etc. (hereinafter “instant additional construction”), the construction cost of KRW 84,700,000 (including value-added tax) and the construction period from September 21, 2013 to September 25, 2013. Of the instant additional construction cost, the amount allocated for the additional construction of 30 square meters in factories is KRW 48,00,000.

③ On November 19, 2013, approval for the use of the pertinent construction works and a factory newly constructed by additional construction works was granted by the competent authorities.

2. Determination on the main claim

A. As to the cause of claim and defense, the Plaintiff asserts that the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 33,460,000,000, out of the instant construction cost and the additional construction cost (hereinafter “paid construction cost”), and that the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 33,460,000, and damages for delay from January 21, 2014. Even if the unpaid construction cost exists, the extinctive prescription period of the claim for the unpaid construction cost of this case is three years (Article 163 subparag. 3 of the Civil Act) (Article 163 of the Civil Act), and the Plaintiff filed a lawsuit on July 16, 2018, which was claimed by the Defendant as the initial date of extinctive prescription, barring any special circumstance, the Defendant’s defense pointing this out has expired by prescription.

(b).

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