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(영문) 광주지방법원 2017.01.18 2015나57573
공사대금
Text

1. The part concerning the counterclaim for a judgment of the first instance shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. The court of the first instance dismissed the main claim and partly accepted the counterclaim. The court of the first instance appealed only against the defendant, and the court of the first instance decides only on the counterclaim.

2. Basic facts

A. On March 12, 2013, the Plaintiff entered into a construction contract with the Defendant, among new construction works of the electric, telecommunication, and fire fighting project (hereinafter “instant construction project”) on a lot of ground-based unmanned telecom (hereinafter “instant telecom”) outside Nam-gun, Nam-gun, and 1,28,700,000 won (including value-added tax; hereinafter the same shall apply). The said construction contract does not contain any specific content of the instant construction project.

B. Around June 2013, the Defendant completed the instant construction.

Plaintiff’s complaint 3 pages

C. The Plaintiff paid a total of KRW 100 million to the Defendant, including KRW 50 million on June 21, 2013, and KRW 50 million on June 28, 2013.

On July 9, 2013, the Defendant sent to the Plaintiff a detailed statement stating the same details as the following table (Article 3-2, hereinafter “first detailed statement”).

22,343,740,740 20,740 3 2,120,000 2,000 2,00,000 2,000 2,343,7402 2,00,000 3 3 3 4,000 4,000 4 4,000 4,000 2,120,034,150 40 4,00 5 186,260,260 580,00 5 180,00 5 580,00 6,649,630,708 96 96,608 96,07 96,06 96,07,000 30,07 6,008 6,008 96,08 96,06 306,08 9

E. On July 13, 2013, the Plaintiff measured the instant telecom, and then prepared the first detailed statement based on the reference3 set forth below (Evidence 3-3, hereinafter “the second detailed statement”).

The type of construction work is recognized by the sequence of basic construction works.

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