logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2021.01.08 2020가단119693
공사대금반환
Text

The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

Plaintiff (Counterclaim Defendant) 70,800,000 won to Defendant (Counterclaim Plaintiff).

Reasons

1. As to the principal claim

A. The Plaintiff re-subcontracted to the Defendant in KRW 110,00,00 among the steel-frame construction works for two new multi-family housing construction works, the Plaintiff asserted that “The Plaintiff is liable to compensate for damages arising from nonperformance of the obligation by the Defendant, i.e., the KRW 23,705,000 of the construction cost, which was reduced by KRW 23,705,00, out of the construction cost due to the Defendant’s nonperformance of the construction work.” However, there is no evidence to acknowledge the Plaintiff’s assertion.

B. Therefore, the plaintiff's main claim is without merit.

2. On the counterclaim claim

A. The Defendant was awarded a contract with the Plaintiff for a 110,00,000 won among the two new construction works of Bupyeong-si C and D ground (the construction cost shall be paid on the 10th day of each month after settlement of accounts) and determined the additional construction cost as KRW 7,80,000 upon the Plaintiff’s request. The Defendant completed the above construction work on February 23, 2019 and received a total of KRW 47,00,000 from the Plaintiff, and did not conflict between the parties (the Plaintiff received a duplicate of the instant complaint on July 16, 200 and did not appear on the date of pleadings without submitting a written response, and thus, the Plaintiff is deemed to have led to the Defendant’s assertion as to the remaining construction cost of KRW 70,80,000,000, 1000, 2000, 207, 2007, 207, 2008, 2007).

3. If so, the plaintiff's main claim is dismissed as it is without merit, and the defendant's counterclaim is justified.

arrow