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(영문) 수원지방법원 평택지원 2018.12.13 2017가단56238
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,425,446 to the Defendant (Counterclaim Plaintiff) and its related amount from November 29, 2018 to December 13, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a personal entrepreneur who runs the interior and construction business under the trade name of “C,” and the Defendant contracted the Plaintiff with D ground commercial buildings and housing construction work (hereinafter “instant construction work”).

B. The Defendant, while placing an order for steel structure E, agreed to contract the remainder of the construction work with the Plaintiff, except for the parts for the manufacture and installation of steel structure. On April 28, 2016, the Plaintiff stated that the construction work price of KRW 203,00,000 (including value-added tax) as to the instant construction work between the Plaintiff and the Plaintiff on April 28, 2016, from May 2, 2016 to June 30, 2016, and the delay penalty rate of KRW 2/1,000 as stipulated in Article 12 and 2/1,000 of the instant construction contract (Evidence 1) but appears to be a clerical error.

set forth a contract agreement and entered into the contract.

hereinafter referred to as "the instant construction contract"

(C) The Defendant obtained approval for use on January 20, 2017, and paid the Plaintiff a total of KRW 183 million to the construction cost of the instant case. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence Nos. 1 and 3, and Eul’s evidence No. 6, and the purport of the entire pleadings

2. Summary of parties' arguments;

A. The Defendant is obligated to pay 16,695,373 won not paid to the Plaintiff, if the Plaintiff deducts the repairing cost of KRW 13,828,498, and the 183,00,000 from the total construction cost of KRW 213,523,871 plus the amount calculated by adding the profit of KRW 181,208,190 as a result of the Plaintiff’s appraisal and the profit of KRW 10% as well as the additional construction cost of KRW 14,194,862.

B. The amount to be paid by the Defendant to the Plaintiff in relation to the instant construction project is KRW 178,179,138, plus value added tax 540,00 won actually paid by the Plaintiff, excluding value added tax and profit, KRW 164,734,718, and additional construction cost 12,904,420,000,000 won, excluding value added tax of KRW 12,571,361.

183,00,000 won are directly carried out by the Defendant.

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