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(영문) 창원지방법원 2020.09.10 2018가단110946
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On February 22, 2016, the Plaintiff entered into a contract with the Defendant to enter into a contract with the amount of KRW 1.54 billion (including value-added tax) for the new construction of a factory located in Seongdong-gu Seoul Special Metropolitan City (hereinafter “instant factory”) (hereinafter “instant construction”) (hereinafter “instant contract”) and the construction period from February 22, 2016 to June 30, 2016 (hereinafter “instant contract”). The contract was finally amended by the amendment contract to the construction period from February 22, 2016 to June 30, 2017.

2. Although the Plaintiff’s assertion completed the instant construction, the Plaintiff did not receive KRW 25,300,000, out of the construction cost under the instant contract from the Defendant.

In addition, the amount of KRW 42,090,747 is equivalent to 42,00,000, 176,004,962, 8,153,666, 230,000, 23,000, 23,000, 23,869,000, 23,869,000, 23,869,578, 23,85,578, and 1,295,910, 1,295, and 1,29,000,00,00 were replaced with 8,71,715,00,00,00,00 for the ground-based installation of the factory site of this case, 176,00,000.

From the above accrued construction costs and additional construction costs, the Plaintiff deducted the amount of 10,375,70 won for the construction cost corresponding to the portion of the instant construction among the instant construction works, the amount of 16,153,687 won for damages in lieu of defect repairs, and the amount of 23,869,578 won for the construction cost for the extension of electric power of a factory, the Defendant’s direct payment, and the amount of 1,295,910 won for the extension of electric power of a factory, and the amount of 11,57,084 won for the replacement of electric power of a factory, and the amount of 26,200,000 won for the claim under the decision on provisional seizure of claim by Busan District Court 2016Kadan8947 and the amount of 49,611,2210 won for the collection order.

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