(영문) 의정부지방법원 2019.04.03 2018가단112987

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(영문) 의정부지방법원 2019.04.03 2018가단112987

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 4,464,969 to the Defendant (Counterclaim Plaintiff) and its related amount from December 18, 2018 to April 3, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who engages in construction machinery rental business, etc. under the trade name C, and the Defendant is a person who operates E camping doping in Spocheon-si D.

B. Around August 2016, the Plaintiff entered into a construction contract with the Defendant to perform civil engineering works, such as stone construction and drainage works, within the said camping site.

C. From the end of October 2016, the Plaintiff performed the above construction work, and the Defendant has paid the construction cost at the Plaintiff’s request.

On June 2017, the Plaintiff and the Defendant drafted a letter of performance of the payment of the construction cost as follows (hereinafter “each of the instant notes”) with respect to the above construction works, as early as the first patrolman:

To pay KRW 10,00,000 for the outstanding amount of KRW 40,000 which was not paid out of the total construction cost of KRW 130,00,00,000 for the Camping Civil Works (such as stone festivals, landscaping, laid underground as road conduits, and soil and sand within the jurisdiction of the instant construction), and to pay KRW 30,00,000 for the remainder of KRW 30,000 before July 31, 2017. If this is not performed, this commitment will be made before March 31, 2018.

2) If the E Camp Chief does not consent to the repair method and amount, it shall be restored to the original state by July 6, 2017. If the E Camp Chief does not consent to the repair method and amount, it shall be restored to the original state by July 6, 2017. E. After the completion of each of the instant notes, the Defendant paid KRW 10 million to the Plaintiff on July 31, 2017. The Defendant paid KRW 10 million to the Plaintiff on July 31, 2017.

each entry, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts of recognition as to the principal lawsuit, the plaintiff and the defendant prepare each of the instant reports.

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