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(영문) 창원지방법원 2017.01.12 2014가합33680
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 47,633,254 to the Plaintiff (Counterclaim Defendant) and its related amount from August 23, 2014 to January 12, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. On or around December 2013, the Plaintiff was awarded a contract with the Defendant for “C Corporation” on the ground B of Kimhae-si (hereinafter “instant construction”).

B. As to the instant construction project between the Plaintiff and the Defendant, a standard contract for construction works as follows (hereinafter “instant contract”) was made between the Plaintiff and the Defendant on December 23, 2013.

1. Construction name: C Corporation;

2. Site location: Kimhae-si D

3. Period: From January 6, 2014, to April 15, 2014, the completion of construction period.

4. Amount of supply: 500,000,000 won (additional tax amount of 50,000,000 won).

5. Advance: 100,000,000 won; and

6. Part payments (after the completion of basic works, and after the completion of the printing team): 200,000,000 won part payments (after the completion of the steel frame and the printing team works): 100,000,000 won;

7. Balance of a building: 100,000,000 won.

8. Warranty liability period: two years; and

9. The rate of warranty bond: 10. The interest rate for delay: 12. Other matters: The owner and the constructor shall conclude the construction contract in accordance with this contract and the separate design drawings and specifications, and shall prepare two copies of this contract and related documents as evidence and keep them in duplicate.

C. On July 16, 2014, the Plaintiff completed the instant construction, and on July 23, 2014, the registration of preservation of ownership in the name of the Defendant was completed on each of the buildings as indicated in the separate sheet (hereinafter “each of the instant buildings”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 and Eul evidence 2, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant concluded the instant construction with a contract for value-added tax of KRW 500 million separate from value-added tax, and unlike the initial contract, the Plaintiff and the Defendant included the value-added tax (including value-added tax and value-added tax), as shown below, as shown in [Attachment 1].

(A) A considerable amount of additional construction works were carried out, and the construction works equivalent to KRW 43,262,450 were excluded as set out in the table 2 below. [Attachment 1] The amount claimed by the Plaintiff during the calendars Nos. 1 of the Plaintiff’s Additional Construction Costs (won 1.

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