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(영문) 서울고등법원 2015.06.03 2013나75542
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 110,730,000.

Reasons

1. Basic facts

A. The Plaintiff was awarded a contract with the Defendant to install or replace the following facilities within the Defendant’s factory located in Pyeongtaek-si 1205-5, and completed each of them.

① The contract amount: 170,000,000 won (excluding value-added tax) - The contract date:

The plaintiff from May 2010 to the same year

7. It received 136,00,000 won (excluding value-added tax) as the price for the construction project in this case from the Defendant on a mid-term basis.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 14 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. Demand for principal lawsuit:

A. According to the above facts of recognition as the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 289,300,000 ( KRW 170,000,000 + ( KRW 194,000,000 - KRW 35,000,000 - KRW 136,000,000) x value-added tax 110/100) and delay damages.

In addition to each of the above construction works, the Plaintiff asserted that, around January 201, the Defendant completed the instant heat exchange equipment repair work at KRW 2,400,000 (excluding value-added tax), and the Defendant also performed the said construction work from January 18, 201 to the 20th of the same month.

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