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(영문) 제주지방법원 2019.03.22 2017가단5838
기타(금전)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 7,315,00 to the Plaintiff (Counterclaim Defendant) for KRW 7,315,00 and for this, from January 6, 2017 to March 22, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 15, 2015, the Defendant concluded a contract with C for the construction of the 15th floor business facilities (officetel) construction works (hereinafter “instant construction works”) from Jeju, with the construction cost of KRW 8,458,296,00, and the construction period of KRW 15,00 from October 15, 2015 to December 20, 2016. On December 1, 2016, the construction cost of the design is reduced to KRW 7,640,050,000, and the construction period was extended until April 20, 2017.

B. As between the Plaintiff and the Plaintiff on January 19, 2016, the Defendant: (a) installed the Plaintiff’s workshop at the construction site of this case (hereinafter “the instant crane”); and (b) made the Defendant use of the said cranes according to the Defendant’s structural construction process (hereinafter “copping and softing work”); and (c) concluded an agreement on the use period from March 15, 2016 to December 31, 2016 to pay the rent of KRW 67.5 million ( separate value-added tax x KRW 7.5 million) to the Plaintiff, including the aforementioned agreement on the use period and value-added tax (hereinafter “the aforementioned agreement on the use period”) calculated by the Defendant’s structural construction process; and (d) the Defendant shall pay the rent of KRW 1,300,000,000,000,000,000,000,000,000,000 won (hereinafter “the aforementioned rent”).

C. Around June 8, 2016, the Defendant installed the instant tea at the instant construction site and received safety certification from the Plaintiff to December 28, 2016, using the said tea for about six months and six months, and the Plaintiff completed the decommissioning work on January 5, 2017.

The defendant raises objection to the plaintiff by November 2016.

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