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(영문) 대구지방법원 2019.12.11 2018가단133752
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,525,936 to the Defendant (Counterclaim Plaintiff) and against this, from August 23, 2019 to December 11, 2019.

Reasons

1. Facts of recognition;

A. On April 5, 2018, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Plaintiff to subcontract the part of the construction work (hereinafter “instant construction work”) among the said construction work to the Plaintiff upon receiving a contract for DAL metal construction from C Company.

B. According to the instant construction contract, the construction period begins on April 1, 2018, and July 31, 2018, and the construction price is KRW 107,448,00 (including value-added tax).

C. The Defendant paid advance payment of KRW 5.5 million to the Plaintiff on April 10, 2018, and the same year

5. 10.10. 40,920,000 for the first time and the same year.

6. 11.2. 36,300,000 won were paid for the second portion.

The Plaintiff suspended the instant construction work on June 12, 2018 and has been in the same year.

6. Resumption 16. The same year.

6. The progress of the 31.31. and thereafter has been resumed, and at the time, the rate of the weather height is 80.2%.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 (including a branch number; hereinafter the same shall apply), E's testimony, result of entrustment of appraisal to appraiser F, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion 95% was 95% at the time of suspending the construction of this case. Since additional construction work equivalent to 4,835,160 won was added, the defendant is obligated to pay the plaintiff the total of 13,983,200 won of the construction cost of this case and the above additional construction cost (=13,983,200,4835,160), the defendant's assertion 2) after suspending the construction of this case's assertion, the defendant entered into a construction contract with the G company with the construction cost of KRW 24,60,000 for the completion of the construction of this case, and the construction cost of this case was 3,575,00 won with KRW 3,950,00,000, and if the plaintiff did not pay the construction cost of this case's KRW 450,360,400 of the construction contract of this case, the defendant paid the plaintiff's construction cost of this case to the plaintiff.

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