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(영문) 서울동부지방법원 2015.05.07 2012가단64612
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 34,465,971 to the Plaintiff (Counterclaim Defendant) and its related amount from June 20, 2012 to May 7, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts following the facts do not conflict between the parties, or each entry of Gap evidence Nos. 1, 2, 4-8, Eul evidence Nos. 1-8, 16-19, 22, 23, and 36 (including serial serial serial numbers; hereinafter the same shall apply), and the court’s on-site verification results, the appraiser C’s appraisal results, and the inquiry results to Jongno-gu Office.

The Defendant, as the owner of the Jongno-gu Seoul Metropolitan Government building site and its ground wood, and the coagu 40.83 square meters of a single-story house (hereinafter “the instant hanok”), sought a design for the construction of the instant hanok to F of the Edesign Office F. The design of the said design office was completed with the design of the said design office with the content of “nine-ri replacement, seven pillars replacement and one new construction, and removal of the area for expansion without permission” of 13.19 square meters of the area for removal without permission.

B. On September 15, 2010, the Defendant received a report on large-scale repair from Jongno-gu Office, the competent authority, based on the above design drawings, and entered into a construction contract (hereinafter “instant construction contract”) with the Plaintiff and G on September 20, 2010, setting the construction cost of KRW 170 million for the large-scale repair works of the instant hanok, and four months after the commencement of construction period (hereinafter “instant construction contract”).

(However, the name of the contractor under the construction contract was the plaintiff).

On September 25, 2010, the Plaintiff and G had H subcontract the instant construction work in a lump sum with the cost of KRW 113 million, and commenced the construction work on October 6, 2010. On October 25, 2010, the Plaintiff and G issued an order to suspend large-scale repair works on the grounds that: (a) the construction and personnel in charge of the construction of Jongno-gu Office visited the instant construction site to witness the instant construction site to perform construction works exceeding the scope of large-scale repair works, such as the demolition and removal of both the roof and columns of the instant hanok; and (b) the removal of the building did not report the removal.

On November 18, 2010, the above large-scale repair report was cancelled.

The plaintiff and G are revoked on November 2, 2010.

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