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(영문) 대구지방법원 2017.10.18 2016가단102310
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 9,106,958 to the Defendant (Counterclaim Plaintiff) and its amount from February 4, 2017 to October 18, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The plaintiff is a person who runs the artificial park construction business with the trade name of "C", and the defendant is the owner of the Daegu Suwon-gu D apartment 103 Dong 806 (hereinafter "the apartment of this case").

On September 11, 2015, the Plaintiff’s employees E, on behalf of the Plaintiff, agreed that the construction price for the interior works of the instant apartment (hereinafter “instant construction”) shall be KRW 70,000,000 (excluding labor expenses and value added tax), with respect to the interior works of the Defendant and the instant apartment (hereinafter “instant construction works”). However, the Plaintiff agreed that the construction price may be changed according to the decision

(hereinafter “instant construction contract”). From September 2, 2015 to October 29, 2015, the Plaintiff performed and completed the instant construction work.

On August 27, 2015, the Defendant paid KRW 53,00,000 in total by paying KRW 20,000,000 on September 25, 2015, including the delivery of promissory notes of KRW 9,000,00 at par value as construction cost, and KRW 20,000 on November 3, 2015, and KRW 14,00,000 on November 14, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers if there are branch numbers), the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

(a) Details of the Plaintiff’s assertion 1: removal and waste disposal of 8,294,00 Corresponding 8,400 Corresponding 829,400 cresponding 3,800,000 cresponding 1,200,000 cresponding 3,163,100 316,310 3,00 3,094,50 60 gresponding 07,000 gresponding 13,60,600 gresponding 07,000 gresponding 07,000 gresponding 7,000 gresponding 05,000 gresponding 7,005 gresponding 96,06 gresponding 6050,607 gres

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