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(영문) 대구지방법원 2018.07.12 2016나6598
공사대금
Text

1. Of the judgment of the court of first instance, against the Plaintiff (Counterclaim Defendant) A, KRW 16,188,248 and this shall be applied to the Defendant (Counterclaim Plaintiff).

Reasons

1. The first instance court dismissed all of the plaintiffs' claims against the plaintiff Eul, and rejected the defendant's counterclaim against the plaintiff Eul while citing part of the defendant's counterclaim against the plaintiff Eul.

However, since only the plaintiffs appealed against the plaintiffs in the judgment of the court of first instance, the defendant's counterclaim against the plaintiff B is excluded from the scope of the judgment of this court.

2. Basic facts

A. On June 2, 2011, Plaintiff B entered into a contract with the Defendant for construction works (such as earth and sand works, and pipeline works, etc.) with the content that the Defendant would receive the payment of construction cost of KRW 88,800,00 (excluding value added tax) from among H works constructed on the ground of Kimcheon-si, E, F, and G, and the completion date of the relevant construction works on November 30, 2011. (2) While the Plaintiff B is performing the said construction works, the construction work was suspended on August 23, 201, and the construction cost that the Defendant received from the Defendant up to that time is KRW 42,00,000 (=the construction cost received from the Defendant up to that time is KRW 60,000,000 on June 16, 2011, KRW 200,000,000 on July 20, 200, 2012).

B. On June 30, 201, Plaintiff A and the Defendant performed the said construction work upon entering into a construction contract with the content that the construction cost of the said H work shall be KRW 309,50,000 (including KRW 2,00,000,000), from June 201 to October 2011, and from June 201, the defect repair period shall be 12 months after the completion of the construction work, and the said training center building was completed on May 3, 2012.2) Furthermore, Plaintiff A and the Defendant ceased to perform the said construction work upon receiving a supply and demand of the Plaintiff, and concluded the construction contract with the content that the construction cost of the remaining portion of the said H work shall be 50,00,000,000, and from September 1, 2011 to November 3, 201.

3 In addition, Plaintiff A shall additionally perform the construction of an access road, excavation of the aggregate, debrising, alteration of bathing, stone construction, and ornamental waterway.

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