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(영문) 서울남부지방법원 2019.01.11 2017가합104805
동산인도 등 청구의 소
Text

1. From April 25, 2017 to January 11, 2019, Plaintiff (Counterclaim Defendant) paid KRW 23,978,600 to Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff entered into a contract for the installation of a riverway and an elevator 1) pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “instant commercial building”).

(2) On March 28, 2016, the Plaintiff is a management body of commercial buildings comprised of sectional owners. On March 28, 2016, the Plaintiff is a construction project that installs the entrance path and the elevator two in the instant commercial building up to July 31, 2016 (hereinafter “instant construction project”).

) A contract was made for construction cost of KRW 539 million (excluding value-added tax) (hereinafter “instant contract”).

(2) On April 8, 2016, the Defendant subcontracted 24 passenger elevator manufacturing and sales installation works among the instant construction works to C Co., Ltd. (hereinafter “C”) on a contract price of KRW 18,3150,000 (including value-added tax).

B. Around July 26, 2016, the Plaintiff and the Defendant entered into a modified contract for the instant construction contract and for the Defendant’s demand to increase the construction price, which extended the construction period from July 31, 2016 to October 15, 2016.

On August 8, 2016, the Defendant notified the Plaintiff that the instant construction cost should be increased accordingly, as the construction cost has increased from KRW 490,000 to KRW 735,00,000,000 due to the change in the location of elevator set, the location of the reinforcement work, and the change in the elevator company.

On October 14, 2016, the Plaintiff and the Defendant concluded a modified contract that extends the re-construction period to December 31, 2016.

C. On March 31, 2016, the Plaintiff paid the Defendant a down payment of KRW 160 million, KRW 161.7 million, KRW 110 million in part of the intermediate payment on August 24, 2016, and KRW 425.7 million in part of the intermediate payment on October 31, 2016, respectively.

On November 9, 2016, the Plaintiff and the Defendant’s additional construction contract concluded with the Defendant, separate from the instant construction contract, to install a reinforcement door at the entrance of each floor of the instant commercial building on November 9, 2016.

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