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(영문) 서울중앙지방법원 2015.06.11 2014가합17645
공사대금
Text

1. On July 11, 2014, the Plaintiff (Counterclaim Defendant) paid KRW 4,100,000 to the Defendant (Counterclaim Plaintiff) and its related amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 11, 2013, the Defendant entered into a contract with the Plaintiff Company for construction work in the Gangnam-gu Seoul Metropolitan Government (hereinafter “instant construction work”) with the cost of construction KRW 170,000,000 (excluding value-added tax) and the construction period from September 25, 2013 to October 31, 2013 (hereinafter “instant contract”).

In the above contract, the Defendant paid the Plaintiff Company KRW 70,000,000 out of the construction price to the Plaintiff Company at the time of issuance of performance securities (as of September 13, 2013), the remainder of KRW 100,000,000,000, within a week after the completion of the construction (based on the time of issuance of defective securities) (Article 3), and the Plaintiff Company provided that the Defendant shall pay the penalty for delay calculated by the ratio of KRW 3/100 per day to the total amount of the contract price when the installation of the base of the object ordered is delayed

(Article 5). (b)

According to the terms of the above contract, the Defendant transferred KRW 70,000,000 to the Plaintiff Company’s account on September 13, 2013, after receiving the performance guarantee insurance policy from the Plaintiff Company, and the Plaintiff Company commenced the instant construction.

On the other hand, after the plaintiff company commenced the instant construction, there were parts of the additional construction other than the instant construction, such as the elevator sn beam sn beam reinforcement work and the wall snives construction work (including the wall snives construction), and the additional construction was also conducted in consultation with the plaintiff

C. The total construction cost to be paid by the Defendant to the Plaintiff Company in relation to the instant construction project, including additional construction, was determined at KRW 206,00,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, Eul evidence Nos. 2, 4, 10 and the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff Company the remainder of KRW 136,00,000,000 after deducting the amount of KRW 70,000 already paid from the total construction cost of KRW 206,00,000, as the construction cost.

(b).

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