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(영문) 서울서부지방법원 2016.04.20 2014가합40374
공사대금 잔금 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 81,569,927 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from November 21, 2014 to April 20, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a personal entrepreneur performing interior decoration and interior decoration works with the trade name “C” and is a personal entrepreneur performing interior decoration and interior decoration works, etc. on June 18, 2014 between the Defendant and the Seoul Mapo-gu Seoul Metropolitan Government Building Remodeling works during the construction period from June 18, 2014.

7. up to 30. (A certain field change may be made) and 190,000,000 of the construction amount (95,000,000 won in the contract, intermediate payment of KRW 76,00,000 in the intermediate payment of KRW 19,00,00 in the remainder at the time of completion of construction, and the remainder of KRW 19,000 in the contract), the instant construction contract was concluded, and as a special agreement, the provision that “the Plaintiff is responsible for the total amount of damages incurred to the Defendant due to the failure to comply with the air” (Article 1) and the provision that “the total amount of damages shall not be included in the total amount of the contract (excluding the parts, the mutual recognition)” (Article 5) are included.

B. According to the instant construction contract, the Plaintiff: (a) KRW 95,000,000 from the Defendant on June 19, 2014; (b)

8.8. &

8.11. Payment was received respectively in the sum of 76,000,000 won in part payments.

C. As to the additional construction work not included in the “written estimate (fourth submission) as of June 17, 2014, which was originally submitted to the Defendant at the time of concluding the instant construction contract, after giving and receiving several emails on the scope of the instant construction work and the construction cost between E and E representing the Defendant.

8.4. From 4. to 5.0, additional estimates were submitted.

On October 1, 2014, the Plaintiff entered into the instant agreement between the Defendant and the third party, such as F, who introduced the instant construction services to the Plaintiff, as follows:

The contents of this agreement were prepared under the consultation of F with the owner of the building, C, the plaintiff, the director of the design, supervision, and the director of the field, and this project was resolved by the misunderstanding of each other on September 29, 2014 for the result of satisfactory satisfaction between the parties.

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