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(영문) 제주지방법원 2015.12.08 2014가단2326
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 18,081,920 to the Defendant (Counterclaim Plaintiff) and its related amount from October 23, 2015 to December 8, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2012, the Plaintiff entered into a contract with the Defendant for the supply of and demand for the remodelling of the building C’s ground warehouse as a private and convenience store (hereinafter “instant basic construction”), which is owned by the Defendant. The Plaintiff did not present or prepare a separate design plan, estimate, contract, etc.

B. During the process of the instant basic construction project, the Defendant demanded the installation of a multi-use room and boiler room on the outer wall of the Defendant’s house built, the installation of a boiler room and boiler room on the outer wall (hereinafter “instant interior construction”) and the Defendant’s public-private gambling site, and the installation of a non-forest device and the convenience store wall on the rear side (hereinafter “instant additional construction”), and the Plaintiff agreed to receive only material costs, and the Plaintiff received only the material cost and agreed to do so.

C. On April 17, 2012, the Plaintiff received the total of KRW 10 million from the Defendant each five million, plus KRW 10 million each five million on two occasions on April 30, 2012, and KRW 10 million each five million on two occasions on April 30, 2012; KRW 5 million on June 4, 2012; KRW 5 million on June 30, 2012; and KRW 35 million on July 31, 2012; and received KRW 262,00 on June 16, 2012, respectively.

The Plaintiff completed the instant basic construction project, Ansan construction project, and additional construction. The purchase cost of the materials of Ansan construction is equivalent to KRW 4,318,080.

E. The instant basic construction and additional construction costs (total of direct material costs, direct labor costs, and machinery costs) are as listed in the following defect repair table. If the aforementioned repair costs include indirect material costs, indirect labor costs, various expenses, general management costs, profits, and value-added taxes, the total amount of defect repair costs is 22.4 million won.

The detailed contents of defects in the defect repair table are the sum of direct material cost, direct labor cost, and machinery cost.

(H) The part of the private park and the part of the convenience store between the 1,000 roof and the boundary wall of the private park and the partition of the private park part.

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