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(영문) 춘천지방법원 2014.02.12 2012가합785
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 75,737,395 to the Plaintiff (Counterclaim Defendant) and the amount from July 23, 2012 to February 12, 2014.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On June 10, 201, the Plaintiff Company entered into a contract with the Defendant on behalf of the Defendant with respect to the creation of excellent farmland and civil engineering works (hereinafter “instant construction works”) with respect to the land of Chuncheon City D (hereinafter “D”) owned by the Defendant and the land of 707 square meters and F-source 3,018 square meters (hereinafter “instant land”) on the following grounds: June 11, 2011; the date of completion is June 20, 2011; the date of completion is scheduled to be the date the construction works are to be completed; the contract was to be entered into between the Plaintiff Company and the Plaintiff Company with the amount of KRW 15,00,000 (hereinafter “existing construction contract”); on July 25, 2011, the construction contract of this case plus the contract amount of KRW 30,000,000 and the existing construction contract was to be the contract amount to be changed to the contract amount of KRW 10,000,000.

B. From June 10, 201 to October 13, 2011, the Defendant paid the Plaintiff Company KRW 78,050,000 in total as the construction cost of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3-1-2, Gap evidence 4-2, the purport of whole pleadings

2. Judgment on the plaintiff company's main claim

A. According to the appraisal result of appraiser G’s construction cost as to the cause of the claim, the value of the portion constructed by the Plaintiff Company for the instant construction project may be recognized as the cause of 240,000,000, and the Defendant agreed to remove without compensation the Plaintiff Company’s aforementioned construction cost of KRW 78,050,000 out of the construction cost of KRW 240,000,000 as the completed portion of the construction cost, KRW 82,40,000 as the Plaintiff Company transferred its claim to H, and KRW 21,653,380 as the access road construction cost of KRW 21,653,00 as the alteration project of this case, and KRW 1,653,380 as the access road construction cost of KRW 20,00 as the alteration project of this case.

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