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(영문) 의정부지방법원 2014.10.23 2013가합727
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 258,926,280 as well as the full payment from September 27, 2014.

Reasons

1. Basic facts

A. On May 22, 2012, the Plaintiff and the Defendant concluded the instant contract for the removal of earth and sand as follows.

【Standard Contract for Private Construction Works】

1. Construction name: To remove earth and sand from the hospital site in Namyang-ju;

2. The construction site: B and one parcel (hereinafter referred to as the “instant land”) at the Namyang-si.

3. Date of commencement: The scheduled date of completion on May 22, 2012: 70 million won (= value-added tax of 70 million won per value) on October 35, 2012.

B. On August 26, 2012, the Plaintiff entered into the instant cancer construction agreement with the Defendant as follows, as the Plaintiff was found while taking away earth and sand at the said construction site.

【Additional Termination Construction Contract】 The name of the Corporation: the term of the contract for the Cancer Construction Contract among the new construction of the Namyang Long-gu Care Hospital

1. Separate value-added tax;

2. Sub-committee and sub-committee;

3. To close after adjusting quantities;

4. Expenses for permission to blast the volume of KRW 25,00,500 in cubic metres of KRW 312,500,000 in cubic metres of KRW 312,500 in cubic metres of KRW 1.5 million in the amount of KRW 1.5 million in the amount of KRW 1.3 million in the test process of KRW 1.5 million in the amount of KRW 1.3 million in the amount of KRW 1.3 million in the total of KRW 1.3 million in the amount of KRW 1.3 million in the case of other expenses after the closure.

C. Of the instant construction cost of KRW 1.122 million (i.e., KRW 7770 million for soil and sand removal works, KRW 352 million for soil and sand removal works, and each value-added tax is included), the construction cost that the Plaintiff received by September 25, 2012 shall be KRW 752 billion for the construction cost.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion asserts that the Plaintiff performed all obligations under the construction contract by removing soil and sand transported (15t) from July 2012 to October 2012 in total from around July 2012 pursuant to the instant contract for soil and sand removal works and the cancer project contract (hereinafter “each of the instant construction contracts”), along with a total of 70,322 cubic meters [=35,82 cubic meters [25.5t] 21,120 cubic meters of rock transport (25.5t) from 35,826 cubic meters [15t] 9,296 cubic meters of soil and sand transport (15t)] from 9,296 cubic meters].

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