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(영문) 부산지방법원 2018.02.20 2016가단349286
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 27,00,000 and its amount from May 20, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 2015, the Plaintiff entered into a contract with the Defendants for the construction of the 2nd floor building located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant construction”).

B. Around April 14, 2016, the Plaintiff completed the instant construction and completed additional construction, such as the floor ridge of the building entrance around May 19, 2016.

C. The Plaintiff received a total of KRW 113 million from the Defendants, including KRW 100 million on May 2, 2016 and KRW 13 million on May 19, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. As to the main claim

A. The plaintiff asserts that the plaintiff is jointly and severally liable to pay the plaintiff KRW 27 million and its delay damages, since the payment of KRW 1130 million out of the construction cost of the construction of this case is KRW 130 million and the additional construction cost is KRW 17 million, and the additional construction cost is KRW 10 million.

As to this, the Defendants asserted that the Defendants paid KRW 125 million out of the price of the instant construction, including the interior works, which is KRW 135 million, and that there was no additional construction.

B. In other words, on April 28, 2016, Defendant C promised to pay KRW 140 million to the Plaintiff a sum of KRW 100,000,000,000 after the loan as construction price, etc. On May 2, 2016, the Tong Young Livestock Cooperatives established a right to collateral security on the instant land of the Corporation. On the same day, the Plaintiff received KRW 100,000 as the construction price. ② According to the evidence 2-2, in addition to the above payment of KRW 113,00,000,000,000,000 was transferred to the Plaintiff on December 14, 2015, it is proved that the said remittance was a nominal cause for the instant construction project.

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