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(영문) 창원지방법원 2016.08.24 2015나36765
공사대금
Text

1. A preliminary counterclaim that was added at the trial of the party, including a counterclaim that was reduced in the trial.

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Basic facts

A. On August 24, 2012, the Plaintiff was awarded a contract with the Defendant for the new construction of a D Factory located in Kimhae-si (hereinafter “instant construction”) at KRW 248,600,000, the construction period from August 27, 2012 to November 23, 2012; and the rate of penalty for delay at KRW 1/1,000 per day.

B. On July 5, 2013, the Defendant sent to the Plaintiff a certificate of content accompanied by each of the following descriptions (hereinafter “instant letter”), and the said content certification reached the Plaintiff around that time.

End Construction * Construction Date: July 2, 2013 - Until July 9, 2013 (Provided, That the date of suspension of work due to walcheon is excluded from the work date) * Agreement on the replacement of the board (total replacement cost of factory Dong) No. 1 above and agreement on the deduction from the contract cost.

* I swear that we will perform the payment of the subcontract price of the finished work.

The name of the company: L, M, N* The closing of the above contents, the closing date, the subcontractor's payments, and the PO representative director A (State) promises to implement the above contents in full, and if the date of completion of the construction is not observed, the settlement will be made by applying the legal responsibility and the delayed repayment stipulated in the contract for construction.

(B) The owner (B) will pay 15,000,000 won for the contract of the project.

* It shall exchange each of the above contents with each other by facsimile, and each original shall be agreed to be sent to the owner (B) by express mail as soon as possible.

C. On July 9, 2013, the Plaintiff completed the instant construction and obtained approval for use for the said new building (hereinafter “new building of this case”).

The Defendant paid the Plaintiff KRW 141,250,000 as the construction cost of the instant case, and KRW 31,636,540 as the Defendant paid directly to each subcontractor.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 3, Eul evidence 1, 3, and 13, the purport of the whole pleadings

2. Determination

(a) the cause of the principal claim.

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