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(영문) 서울북부지방법원 2014.08.12 2012가단31823
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 87,902,616 to the Plaintiff (Counterclaim Defendant) and its related amount from August 1, 2012 to August 12, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A. Around 2011, the Plaintiff was awarded a subcontract from the Defendant for a new construction work with respect to five units on the ground of 4,285 square meters (hereinafter “instant land”) owned by the Defendant in Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant land”).

B. From January 2012 to June 15, 2012, the Plaintiff carried out a pented construction project. On June 16, 2012, the Defendant suspended the construction project by notifying the Plaintiff of the cancellation of the said construction contract, and thereafter the construction business operator selected separately by the Defendant completed the remaining construction project from August 2012.

C. The Plaintiff and the Defendant did not prepare construction contracts, detailed specifications, design drawings, specifications, etc. concerning pent new construction works and performed the said construction works. However, in order to submit them to the competent authority while performing the said construction works, the Plaintiff and the Defendant prepared the modified design drawings, completion drawings, etc. separate from the actual construction works.

At present, five (A, B, C, D, and F) pented buildings and two outdoor swimming pools, and other auxiliary facilities such as management Dongs (retail stores) are completed as listed below on the land of this case, and currently in operation.

[1] A summary of a building (1) A, B, and C, a non-family house of 84.34.34 1 story 1 story 84.34 m2, 78.45 m2 stories 78.79 m2,75 m2, 78.79 m2, 75.01 - a detached house of 143.64 - a detached house of 143.64 - a multi-family house of 28.35 m2 stories 28.35 m2, a detached house of 3.95 - a multi-family house of 105.84 105.84 105.84 105.84 - a multi-family house of 2.4 91.44 m2, 560 m2, a total multi-family house of 560.24 m2, a multi-family house of 108 m2, a multi-unit house of 222.

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