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(영문) 의정부지방법원 2015.06.17 2013가단49916
공사대금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,363,071 to the Plaintiff (Counterclaim Defendant) and its related amount from September 2, 2013 to June 17, 2015.

Reasons

1. Basic facts

A. On November 15, 2012, the Plaintiff entered into a contract with the Defendant for D Civil Works (hereinafter “instant Primary Works”) located in Seocheon-si, Gyeonggi-do (hereinafter “instant primary Works”) with a total construction cost of KRW 73 million (excluding value-added tax) and the construction period from November 20, 2012 to December 31, 2012 (However, if construction is impossible due to the said decision, the construction period shall be extended until December 31, 2012).

B. The Plaintiff and the Defendant agreed to pay 1/1000 of the contract amount per day of delay when they did not complete construction due to the Plaintiff’s reasons in relation to the above construction.

(Article VII) Terms and Conditions of the Contract for Construction. (c)

In addition to the above construction works, the Plaintiff “the second construction works” in this case refers to the Defendant, other than the above construction works, such as downloading the site for the additional construction works, stockpiling natural rocks, finance in the area of law.

[1] 15,700,000 won (in addition to value-added tax, and 15,700,000 won and less than 10,000 "the third construction in this case."

(D) 15,00,000 won (excluding value-added tax) and 1,200,000 won (excluding value-added tax); and

With respect to the instant primary construction work, from the Defendant, the Plaintiff received construction cost of KRW 73,00,000,000 on November 15, 2012; KRW 26,000,000 on December 21, 2012; KRW 10,000 on December 31, 2012; KRW 10,000 on March 29, 2013; KRW 50,000 on April 8, 2013; KRW 73,00,000 on the aggregate of KRW 3,00,000 on June 27, 2013; and KRW 473,730,00 on the instant secondary construction work; and KRW 30,00 on May 30, 2013 on each of the instant secondary construction works.

E. On September 12, 2013, the Defendant sent a construction completion promotion note to the Plaintiff, on the following occasions: (a) the collection revision and U-type tool should be constructed in accordance with the drawing; (b) the suspension work should be performed so as not to be fluored; (c) the collection revision and hosting should be contrary to the standard tree; and (d) the construction completion promotion statement was sent to the Plaintiff requesting that the concrete part be in the original shape.

F. On December 30, 2013, the Defendant, on December 30, 2013, shall be punished to the Plaintiff on the following grounds: (a) the failure of a collection; (b) the error of installation of a collection and drainage channel; and (c) a collection and alteration, and the gap in the parts

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