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(영문) 수원지방법원 2018.04.04 2016가합84135
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 1,632,542 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On June 22, 2015, with respect to the construction of a warehouse (hereinafter referred to as “instant construction”) on the ground of Ethical 370, Ethical ridgeri-ri-ri-ri-ri-ri-ri-si (hereinafter “instant construction”), the Plaintiff was awarded a contract with the Defendant for the construction of “construction amount: KRW 1,140,000 (excluding value-added tax), construction period: From July 1, 2015 to November 30, 2015; and the rate of liquidated damages: 1.5/1000.”

On November 9, 2015, the Plaintiff and the Defendant agreed to change the construction amount from November 30, 2015 to December 10, 2015, to 39,200,000 (excluding value-added tax) by reflecting the details of partial change in the design.

(2) The Defendant paid to the Plaintiff all remainder of the construction cost (including value-added tax) excluding any balance of KRW 125,400,000 (including value-added tax) with respect to the contract made on June 22, 2015 and the amendment agreement made on November 9, 2015 (hereinafter “instant contract”). As to the agreement made on November 9, 2015, the Defendant paid KRW 38,860,80 (including value-added tax) to the Plaintiff.

[Ground] In the absence of dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, Eul evidence 1, 2, and 10 (including a serial number; hereinafter the same shall apply) and the plaintiff's assertion as to the ground for the claim of the principal lawsuit as a whole, separately from the defendant on December 29, 2015. According to the contract agreement in this case and the agreement on December 29, 2015, the plaintiff agreed to the internal additional construction separately from the defendant on December 10, 2016. However, according to the contract in this case and the agreement on December 29, 2015, the defendant completed the construction contract in this case and the agreement on December 29, 2015 (i) 171,649,552 won (including a serial number; ii) and 125,400,000 won under the agreement on June 22, 2015, 207, 2047, 2015 won

On the other hand, the defendant suffered from the building of this case against the plaintiff.

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