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(영문) 울산지방법원 2015.09.17 2015가합20908
공사대금
Text

1. The defendant (Counterclaim defendant) C is 3,647,066 won, and the defendant (Counterclaim plaintiff) D, E, and F are 2,431,37 won, respectively.

Reasons

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

1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 1-2, evidence No. 6, each entry of evidence No. 1-1 and No. 2, and purport of the whole pleadings);

A. On September 12, 2013, the Plaintiff received a supply of KRW 480,00,000 for the construction work of multi-family house on the G ground in Ulsan-gun, Ulsan-gun, Ulsan-do.

(hereinafter “instant construction contract”. The main contents are as follows: (a) the building newly constructed pursuant to the instant construction contract are the building; and (b) the main contents are as follows.

The date of commencement: The scheduled date of completion on September 24, 2013: 1% of the construction cost per day on January 31, 2014.

B. The deceased died on February 6, 2015 while the instant lawsuit was pending, and the Defendant D, E, and F, the spouse of the deceased, took over the instant lawsuit proceedings as his heir.

(hereinafter referred to as “Defendants” if there is no need to distinguish between the network B and the Defendants. 2. Determination as to the time of completion of construction of the instant case

A. The Plaintiff sought the payment of the construction cost under the premise of the completion of the instant construction work. The Defendants asserted the occurrence of the claim for liquidated damages on the ground that the Plaintiff had completed the construction work later than the scheduled date of construction completion as originally agreed, and asserted the Plaintiff’s principal claim against the Plaintiff’s principal claim against the Defendants’ above claim, and sought the payment of the remainder as a counterclaim.

Therefore, it should first be seen as to whether and when the construction work in this case is completed.

B. The Defendants asserted that the Plaintiff completed construction around June 20, 2014, which is the date of completion of the instant building. The Plaintiff asserted that the building was completed around April 13, 2014, and the Defendants were able to move into the instant building on the said temporary border.

(c) In the judgment of the contract for construction works, the construction works shall be completed if the construction works were to comply with the last process originally scheduled, and the main structure is to be constructed as agreed and completed by social norms.

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