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(영문) 대전지방법원 2015.09.17 2014가단32431
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 30, 2014, the Plaintiff entered into a construction contract with the Defendant to newly construct a family farm house (hereinafter “instant construction contract”) with the following content on the ground C of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do:

(8) The method of paying the construction cost for 24 months from February 15, 2014 to June 20, 2014 (Article 7) after the completion of the construction work for the first intermediate payment of KRW 25,000,000 when the materials for the structural frame are introduced into the structural frame after the completion of the construction work for the second intermediate payment of KRW 20,000,000, and KRW 15,000,000 when the completion of the third intermediate payment roof work for the third intermediate payment of KRW 15,00,00,00 and KRW 15,00,00,00 and KRW 35,00,00,00 and KRW 10,000,000 and KRW 10,000,00 and KRW 10,000,000 and KRW 30,00,00,00 and KRW 10,00,00.

B. The Plaintiff completed the interior works of the instant construction to the Defendant, and the Defendant paid the Plaintiff both the fifth intermediate payment.

C. Of the construction scope stipulated in Article 11 of the instant construction contract (hereinafter “Article 11”), the Plaintiff completed the completion inspection on June 17, 201, and suspended the instant construction on June 23, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2 and 3, and this Court's jurisdiction.

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