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(영문) 의정부지방법원 2014.09.04 2012가합12464
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 191,242,49 to the Plaintiff (Counterclaim Defendant) and its related amount from July 1, 2012 to September 4, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 16, 2012, the Plaintiff and the Defendant concluded the instant construction contract as follows.

[민간건설공사 표준도급계약서(토목/건축공사)] ◇ 건축주(발주자) 피고, 시공사 원고

1. Construction name: At both weeks (civil engineering/construction works);

2. The construction site: B at both weeks; and

3. Date of commencement: On February 21, 2012: Four months from the date of commencement.

5. Contract amount: The first progress payment in the amount of KRW 600 million (excluding value-added tax): The second progress payment in the case of a contract of KRW 30 million, the second progress payment in the case of a contract of KRW 30 million, the third progress payment and the balance

The project owner after the completion loan (which shall be paid up to the shortest period) shall select a dispatched construction corporation as the person subject to prior consultation for the later (other construction).

The ratio of the contract amount (%) for each type of work, and the ratio of the amount to the warranty liability, 90% 3% of the total net construction cost for the warranty liability period, 3% for 2 years (construction)

6. Warranty liability;

7.1) Authorization and Permission Costs/Supervision Design/Outgoing Costs/Public Institutions Payments should be separately made. 2) Electric/Water Site Payment 3) Drawings Reference/(See Separate Table of Other Construction Works).

B. The instant construction cost that the Plaintiff received from the Defendant from February 2, 2012 to August 2012 is the total amount of KRW 418,181,818.

C. On November 7, 2012, the two owners approved the use of two buildings for excreta and garbage treatment facilities (dong, Dong, and Dong) following the completion of the instant construction. On November 15, 2012, the Defendant completed registration of preservation of ownership on each of the above buildings.

[Reasons for Recognition] Facts without dispute, Gap evidence 6, 11, Gap evidence 12, and 15-1, 2, Eul evidence 3, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. Of the Plaintiff’s assertion, the content and design of the instant construction works were partially modified at the Defendant’s request, and all construction works were completed on June 16, 2012 after performing the additional construction works. The Defendant’s payment of the construction cost is KRW 420,97,182.

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