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(영문) 대구고등법원 2017.12.14 2017나21443
공사대금
Text

1. Of the judgment of the court of first instance, the defendant (Counterclaim) who exceeds the following amount ordered to pay the principal lawsuit.

Reasons

1. The following facts are either a dispute between the parties to the principal lawsuit and the counterclaim, or may be acknowledged by the respective entries in Gap evidence Nos. 2 and 3 and Eul evidence No. 34 (including the branch numbers, if not specially indicated; hereinafter the same shall apply) and the whole purport of the pleadings, and there is no counter-proof.

The plaintiff is a company mainly engaged in the construction business, etc., and AG and the defendant are the building owner of each of the following new buildings as the building owner:

B. On April 3, 2013, the Defendant concluded a construction contract with the Plaintiff, setting the construction cost of KRW 500,000,00 (including value-added tax) and the construction period from April 9, 2013 to September 9, 2013, under which multi-household housing (hereinafter “instant building”) was built on the ground of the AH lot (the instant land became B land after replotting; hereinafter “instant land”).

AG decided to newly construct a multi-household house on the ground of the AI lot (which became AJ after land substitution) at Jeju, and concluded a construction contract between the Plaintiff and the Plaintiff on the same day with the content that the construction cost of the said new building is KRW 600,000,000 (including value-added tax) and the construction period from April 9, 2013 to September 9, 2013.

C. On April 2014, the Plaintiff completed the construction of the instant building, and obtained approval for use from Jeju Island on April 23, 2014, and delivered the instant building to the Defendant.

2. Part on the main claim

A. As seen earlier, the Plaintiff entered into the instant construction contract with the Defendant for the construction of the instant building in KRW 500,000,000, and completed the said construction work accordingly.

Therefore, the defendant deducts the plaintiff from the above construction cost of KRW 250,000,000, which the plaintiff was paid directly by the defendant, and KRW 7,400,000,000 from the cost of non-establishment and dismantling work to the plaintiff's sewage supplier.

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