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(영문) 서울남부지방법원 2015.12.22 2015가단208959
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below are based on the following facts: (a) the plaintiff and the defendant did not dispute with each other; or (b) Gap evidence Nos. 1-2, 2, 3, 5, and 6; and (c) Eul evidence Nos. 1 through 7 may be acknowledged in full view of the purport of the whole pleadings.

On October 1, 2014, the Plaintiff and the Defendant agreed on October 1, 2014 that the Plaintiff completed the interior works ordered by the Defendant on the first floor 13 underground floor of Guro-gu Seoul Metropolitan Government, and the Defendant shall pay to the Plaintiff KRW 66 million (excluding value-added tax).

(B) The instant construction contract is referred to only as “the instant construction contract.”

The Defendant refused to pay to the Plaintiff the remainder of KRW 29,80,000 (= KRW 68,000,000) (= KRW 666,00) x 1.1 - 45 million) on the condition that the Plaintiff paid only KRW 45,00,00 for the price under the instant construction contract and the additional construction cost of KRW 2,00,000 (excluding value-added tax).

C. On February 7, 2015, the Plaintiff and the Defendant drafted the document (No. 6, No. 6, No. 6, and No. 1880,000,000,000 won and value-added tax are to be paid upon confirmation of the part of the re-construction in the instant performance sheet). The Plaintiff and the Defendant agreed to waive the right to the balance of the outstanding amount in the event that the Plaintiff failed to perform the re-construction (hereinafter “the instant re-performance sheet”) as shown in the attached sheet, and (3) the Defendant agreed to deduct the unpaid amount from the unpaid amount, instead of the Defendant’s direct re-construction, the unpaid amount is to be determined as KRW 23,80,00,000,000 from the starting amount, and the remaining 18,000,000 won and value-added tax is to be paid upon confirmation of the part of the re-construction in the instant performance sheet.

2. The parties' assertion

A. The plaintiff.

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