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(영문) 서울북부지방법원 2018.05.01 2017가단12124
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 33,922,00 to the Plaintiff (Counterclaim Defendant) and the amount from August 27, 2017 to May 1, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 2, 2015, the Defendant was awarded a subcontract for the structural part of the Osan City D Corporation (hereinafter “C”) from C (hereinafter “C”).

B. On October 22, 2015, the Plaintiff was re-subcontracted by the Defendant during the instant construction (hereinafter “instant construction”) on the following terms:

Contract amount: The construction period of KRW 54,750,000 (excluding value-added tax): From October 22, 2015 to November 30, 2015, value-added tax shall be separately claimed from the construction amount.

50% of the contract amount shall be claimed as damages when the contract is violated.

C. On November 30, 2015, the Plaintiff completed the instant construction.

The Plaintiff was paid KRW 5,00,000 among the construction cost of the instant case.

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

2. Determination on the main claim

A. The summary of the main claim is to seek payment of KRW 62,890,000,00 for total construction cost of KRW 55,000 for the instant construction cost of KRW 5,00,000 for additional removal of KRW 2,890 for additional removal of KRW 5,000 for the instant construction cost of KRW 5,000 for the Defendant, and KRW 16,078,00 for the costs of the Plaintiff, among the Defendant’s assertion of substitute payment, to be deducted by the Plaintiff (i.e., KRW 226 for the instant construction cost of KRW 2,266 for the instant construction cost of KRW 678,00 for the simple cost of KRW 678,00 for the daily work cost of KRW 13,140,00 for the daily work cost of KRW 13,812,00 for the instant construction cost of KRW

(On the other hand, the plaintiff was paid KRW 5,000,000 among the construction cost of this case in the original complaint).

According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of this case 3,922,000 won (=5,000,000 of the construction cost of this case including value-added tax – the above KRW 16,078,000 - the amount already paid KRW 5,00,000).

Meanwhile, the Plaintiff asserts to the Defendant the payment of KRW 5,00,000 and KRW 2,890,000 for additional removal. However, there is no evidence to acknowledge it.

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