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(영문) 서울중앙지방법원 2015.08.26 2013가합37222
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 529,232,801 and shall pay the full payment from June 6, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff concluded each of the following contracts with the Defendant and the Seoul Jung-gu Ground C Commercial Building (hereinafter “instant commercial building”) with respect to the interior remodeling work on the 4 and 5th floor (hereinafter “instant 4 and 5th floor construction”).

(hereinafter referred to as the “instant 4 and 5th floor contract”). Specific construction work details of the instant 4 and 5th floor contract by vehicle type are attached hereto.

1. The details of construction works shall be entered;

The construction cost (excluding won, value added tax) on the first date of November 14, 2012 (excluding won, value added tax) No. 178,100,000 on November 14, 2012, and 1,665,000,000 on January 29, 2013, the third date of 381,40,000 on January 30, 2013, the fourth date of 41,20,000 on February 4, 2013, the sum of 2,65,700,000,000

B. The Plaintiff entered into each of the following contracts with regard to D and 14, and the interior works of the 3rd floor of the instant shopping mall (hereinafter “instant 3rd floor construction”), including the instant 4 and 5th floor construction (hereinafter “each of the instant construction works”).

(1) The term “this case’s three-story contract” is “the instant three-story contract,” and the term “each of the instant contracts” is “the instant four-story contract.” The details of the construction work (excluding source and value-added tax) on the date of the No. 4,5,000 (hereinafter referred to as “the instant contract”). On October 30, 2012, including electric removal and temporary installation works, and the second-class removal and light-weight partitions on November 10, 2012, other than the third-story 296,10,000 and the third-tier 296,10,000,000 and the toilet work, and the total 4th 30,43,380,000 and the toilet work, and the total 60,000,0000 square meters and the total 60,000,0000 square meters and the total 60,013.

C. Around November 2013, the Defendant received from D and 14 others the claim for damages against the Plaintiff based on the instant third floor contract. D and 14 others notified the Plaintiff of the assignment of claims on December 5, 2013. The notice reached the Plaintiff on December 6, 2013.

In addition, around April 2015, the Defendant received the claim for return of unjust enrichment against the Plaintiff based on the instant third floor contract from D and 14 others, and the Plaintiff on May 8, 2015.

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