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(영문) 수원지방법원 2018.09.05 2014가합72282
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 241,597,596 to the Plaintiff (Counterclaim Defendant) and its related amount from October 17, 2013 to September 5, 2018.

Reasons

The principal lawsuit and counterclaim shall be deemed all at once.

1. Basic facts

A. On May 3, 2013, the Plaintiff, a company engaging in the construction business, etc., receives a contract for the construction of Ddong and Edong building (including Ddong and Fdong building remodeling) among the factory buildings located in Ansan-si C (hereinafter “factory building of this case”) for the construction of Ddong and Edong building (including Ddong and Fdong building remodeling), KRW 1,265,00,000 (including value-added tax), from May 2, 2013 to July 30, 2013, from May 2, 2013 to July 30, 2013; and (2) from May 29, 2013 to May 143, 200, from among the factory building of this case, the construction period of Gdong and H consent extension construction (hereinafter “the price for the construction of the factory of this case”) was determined by the construction period from May 29, 2013 to August 31, 2013.

(hereinafter referred to as "the First and Second Contracts"). B.

On September 16, 2013, the Plaintiff completed the construction work on September 16, 201 and obtained approval for use on the same day.

C. The payment period for the remainder of the contract under Articles 1 and 2 is within 30 days after completion. From September 16, 2013 to October 16, 2013, the date of completion, the Plaintiff received KRW 1,179,00,000 (including value-added tax) as the construction price for the first contract from the Defendant, and KRW 42,90,000 (including value-added tax) as the construction price for the second contract.

According to the appraiser I's appraisal results, there are parts of non-construction, additional construction, defects, etc., such as the following table 1 in relation to the 1 and 2 construction works, and the detailed contents are as shown in attached Table 1.

Table 1. Construction expenses (including value added tax) and non-value added tax

1. Appraisal of construction expenses incurred in relation to a non-execution;

2. A portion of the non-execution part above KRW 120,322,396, the name, standard, material, etc. of the additional construction cost of which has been changed and additionally executed;

3. Parts of defects which are not overlapped with those of the above non-construction cost appraisal of 20,708,115 won;

4. Non-appraisal 41,831,639 won, 639.

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