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(영문) 대구지방법원 서부지원 2018.06.28 2017가합569
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 251,840,000 and its amount on June 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 20, 2015, the Plaintiffs concluded a contract for construction cost of KRW 880 million (excluding value-added tax) with respect to the rearrangement of factory sites and retaining walls for the construction of ten factories on the six lots, such as Defendant C and Sung-gun, Sung-gun, Sung-gun, the Plaintiffs owned, for the construction of ten factories on the ground, and KRW 23,140 square meters, and paid the down payment KRW 200 million to Defendant C on the same day.

B. Defendant C renounced the instant construction work on September 8, 2015, and the Plaintiffs, on November 21, 2015, concluded a contract with Defendant D and the instant construction work on February 28, 2016 (hereinafter “instant construction contract”) with the construction cost of KRW 1,04,000,000 for the construction work, and on February 28, 2016 as of the date of completion of the construction work (hereinafter “instant construction contract”), and agreed to succeed to the down payment received by Defendant C and the part of the construction work executed by Defendant C, and Defendant D resumed resumed the construction work.

Since then, the Defendants jointly performed the instant construction work.

C. Among the instant construction works, rocks were found on the ground of the factory site Nos. 7 through 10 out of 10 factory sites, and the Plaintiffs entered into a contract with the Defendants on March 9, 2016 for the additional blasting construction cost of KRW 50 million (hereinafter “instant additional construction”).

The Defendants suspended the instant construction work around May 30, 2016.

E. Until the discontinuance of the instant construction work by the Defendants, the term ratio of construction of the instant construction project is 40.15% [ = KRW 1.64 billion in total construction cost of the Defendants on the design specifications of the instant construction project / KRW 2.6 billion in total construction cost of the instant construction project x 100]. The term ratio of construction of the instant additional construction project is 30% [= KRW 15 million in total construction cost of the term construction project / construction cost of KRW 50 million x 100];

F. The Plaintiffs paid to the Defendants a total of KRW 530 million (including KRW 200,000,000) as the construction price of the instant construction project.

[Reasons for Recognition] A. Each entry and appraiser F. of Gap's 1 to 4 certificates (including branch numbers, hereinafter the same shall apply) without dispute.

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