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(영문) 서울남부지방법원 2018.11.23 2018가합184
공사대금
Text

1. On June 2, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 176,324,40 to the Defendant (Counterclaim Plaintiff) and KRW 126,824,400 among them.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On October 24, 2016, the Plaintiff and the Defendant concluded a contract for the construction of the construction of the construction of the facilities incidental to the Dacheon-Tex with the contract price of KRW 473 million and the construction period of construction (hereinafter “instant subcontract”) on October 24, 2016, the Plaintiff awarded a subcontract for the construction of the land and appurtenant construction (hereinafter “instant subcontract”).

B. The Plaintiff’s construction delay and construction period extension agreement 1) up to May 2017, the Defendant paid KRW 297 million to the Plaintiff with the payment of the construction cost by May 2017. At the Plaintiff’s request, the Plaintiff omitted the entry of the company “stock company” in the name of the company.

(2) On May 25, 2017, the Plaintiff and the Defendant agreed on the extension of the construction period to complete the instant construction work by June 25, 2017, upon receiving KRW 14,766,600,000 from the direct payment of the advance payment of KRW 35,000. However, the Plaintiff failed to complete the instant construction work. On May 25, 2017, the Defendant notified the Plaintiff of the termination of the instant subcontract and requested the Plaintiff to pay the insurance proceeds to the Specialized Construction Mutual Aid Association.

However, the Plaintiff failed to complete the instant construction work until June 25, 2017.

C. On June 21, 2017, the Plaintiff requested the modification of the content of the construction by sending to the Defendant a detailed statement of modification that increases the construction price in 52,237,000 won by e-mail, and sending a detailed statement of modification that increases the construction price in 63,616,000 won on the 27th of the same month, and a detailed statement of modification that increases the construction price in 88,512,000 won on July 20, 2017, respectively.

However, the defendant did not answer this. D.

The contents of the instant subcontract agreement

5. Contract amount; and

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