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(영문) 의정부지방법원고양지원 2014.02.12 2011가합8768
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 109,233,593 to the Plaintiff (Counterclaim Defendant) and its related amount from May 9, 2013 to February 12, 2014.

Reasons

1. The main text of the facts is to consider both a principal lawsuit and a counterclaim.

The following facts may be acknowledged as either a dispute between the Plaintiff and the Defendant C, or as a whole by taking account of the following facts: Gap evidence 1, Gap evidence 2, and witness D's testimony.

On September 7, 2010, the Plaintiff running a building business with Defendant C, which is accurately multi-household houses with the inside of the E-ground in Ansan with Defendant C, are “the fourth floor of the steel reinforced concrete structure and the first-class neighborhood living facilities”, and the name of the completed building is “H”.

(hereinafter “instant building”) drafted a contract for construction works (hereinafter “instant contract”) to be executed at construction cost of KRW 700,000,000 (value-added tax separate) (hereinafter “instant contract”). The main content of the instant contract is as follows.

Construction Contract Documents

1. Name of construction: Matern multi-household housing;

2. The construction site: Ansan-si E; and

3. Date of commencement: The date of completion of construction (open date) September 4, 2010;

5. Contract amount: Malishing KRW 700,000,000

6. Endd amount: On September 10, 2010, the contractor for consultation and coordination between 100,000,000,000 won daily gold (in u u 100,000,000) (b) (the intermediate payment and balance) constituted a company of “F” with the name of “F”, and thus, indicated in the instant contract.

Defendant C who ordered the work

B. From around that time, the Plaintiff continued the instant construction and completed the instant construction including additional construction around April 201, and Defendant C obtained approval for the use of the instant building on May 13, 201.

C. From the conclusion of the instant contract to the time of the completion of the instant building, the Plaintiff received full payments from Defendant C, excluding the additional construction cost.

2. The plaintiff's defendant B.

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