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(영문) 수원지방법원 2018.01.30 2016가단529518
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 9,180,129 and the amount of said KRW 9,180,129 with full payment from October 28, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 17, 2014, the Plaintiff entered into a contract with the Defendant for the Suwon-gu Native Facilities and New Housing Construction Project (hereinafter “instant construction contract”) with the terms and conditions as follows.

A construction period: The total construction amount and time of April 27, 2015 at the time of completion of construction: The supply amount of KRW 382,020,000 per day (including value-added tax): daily gold of KRW 347,30,000: The payment period of KRW 34,370,000 per day: The payment period of KRW 34,370 per day: The payment period of KRW 34,00 (excluding the defect repair amount at the time of payment) shall be implemented in advance.

기성부분급의 시기 및 방법 토목공사 : 5,000만 원 1층 - 3,000만 원 2층 - 3,000만 원, 옥탑(골조마감) 3,000만 원 외부마감(샷시외) 5,000만 원 준공서류 완료전 3,000만 원 잔금 : 준공 후 60일 내로 지급한다.

The owner: A (Defendant), contractor (or on-site manager): the owner of a building project; the owner of the building project; the owner of the building project; the owner of the building project;

B. On March 23, 2015, the Plaintiff and the Defendant concluded an additional construction contract for the said construction project (hereinafter “instant additional construction contract”) with the construction cost of KRW 50 million (including value-added tax).

C. The Plaintiff completed both the instant construction contract and the additional construction contract, and the Defendant paid KRW 432,00,000 to the Plaintiff up to now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 18 and 19 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. In addition to the instant construction contract and the instant additional construction contract, the gist of the cause of the principal claim, separate from the instant construction contract and the instant additional construction contract, a contract was concluded for interior works on the first floor and the first floor above the ground (hereinafter “ underground and the first floor interior works”). The construction cost is KRW 33,360,000 (including value-added tax). The Plaintiff completed the said construction work.

B. As to this, the Defendant’s construction on the ground and the first floor interior.

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