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Reasons
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(영문) 서울남부지방법원 2018.10.11 2018가합105430
공사대금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 29,352,491 to the Plaintiff (Counterclaim Defendant) and its related amount from January 6, 2017 to October 11, 2018.

Reasons

1. Basic facts

A. On December 2015, the Defendant awarded a contract for the construction of a commercial building (hereinafter “instant building”) (hereinafter “instant construction”) to the G Co., Ltd. (hereinafter “C”).

B. C entered into a contract with the Plaintiff on December 15, 2015 for the subcontract price of KRW 93,203,00, and the construction period from December 17, 2015 to February 20, 2016.

On December 15, 2015, the Plaintiff, Defendant, and C agreed to pay the subcontract price directly to the Plaintiff.

C. C entered into a contract on March 23, 2016 with the subcontract price of KRW 18,150,000, and the construction period from March 23, 2016 to April 20, 2016 to the Plaintiff for the additional construction of the instant stone.

On March 23, 2016, the Plaintiff, the Defendant, and C agreed on the direct payment of the subcontract price that the Defendant shall directly pay the Plaintiff the additional construction work of the instant tin (hereinafter referred to as “instant direct payment agreement”) (hereinafter referred to as “instant direct payment agreement”).

In July 2016, the Defendant agreed to pay KRW 6,80,000 to the Plaintiff for reconstruction costs (hereinafter “instant reconstruction agreement”) upon requesting the Plaintiff to alter materials, such as outside stairs and air defense rooms, etc. (hereinafter “instant reconstruction”).

E. On February 5, 2016, the Defendant directly paid to the Plaintiff the subcontract amount of KRW 76,200,000,000, in total, KRW 36,200,000 on February 29, 2016, and KRW 30,000 on March 31, 2016.

F. While carrying out the instant stone construction, the Plaintiff submitted a work plan to the Defendant to perform replacement construction and defect repair work with respect to the construction of the second floor and the second floor floor contamination, etc. (hereinafter “instant work plan”).

recognized.

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