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(영문) 대전지방법원 2018.06.21 2016가단15072
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 11,848,706 to the Defendant (Counterclaim Plaintiff) and its related amount from May 17, 2018 to June 21, 2018.

Reasons

The main lawsuit and counterclaim are also finite.

1. The Plaintiff, on April 14, 2015, printed the construction cost of KRW 125,00,000 (Evidence No. 1, No. 1, No. 1, No. 1, No. 1, and No. 1, No. 2000 (Evidence No. 1, No. 1, No. 2) with the same text as value-added tax in the construction contract (Evidence No. 1, No. 1, No. 1, No. 2000) for the newly constructed building from the Defendant at the time of public interest (hereinafter “instant construction”) from the Defendant on April 14, 2015. The Defendant is the construction cost including value-added tax, but the Plaintiff

contract was executed and executed.

2. The parties' assertion

A. The Plaintiff’s assertion was made by adding the construction cost of KRW 125,00,000 in addition to the construction cost of KRW 18,322,00 and KRW 8,000 in addition to the construction cost of KRW 125,00,00 at the time of the contract, and the Defendant promised to pay the additional construction cost of KRW 17,20,000 in total and KRW 8,000 in the construction cost of KRW 1,5,000 in the construction cost of KRW 1,32,00 in the construction cost of KRW 1,5,00 in the construction cost of KRW 1,5,00 in the construction cost of KRW 1,32.

B. The Defendant’s assertion merely promised the payment of construction cost of KRW 15 million with respect to the instant construction project, and there are many defects that were not constructed or mistakenly constructed in the instant building. As such, the Defendant’s assertion that the instant construction project would offset the unpaid construction cost by the amount of damages in lieu of the defect repair is a counterclaim to the payment of KRW 32,701,339 remaining after offsetting the unpaid construction cost.

3. Determination

A. It is insufficient to recognize the existence of KRW 25 million as claimed by the Plaintiff solely on the basis of the descriptions or images of Gap evidence Nos. 5-8 (including paper numbers) in the determination of the unpaid construction cost, and there is no other sufficient evidence to acknowledge otherwise.

Therefore, if the defendant recognizes the additional construction cost within the limit of KRW 15 million, the total construction cost shall be KRW 125,000,000. KRW 15 million.

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