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(영문) 서울동부지방법원 2017.01.20 2014가합101659
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 307,768,103 to the Plaintiff (Counterclaim Defendant) and its related amount from May 30, 2015 to January 20, 2017.

Reasons

Basic Facts

On August 28, 2009, the Plaintiff entered into a contract with the Defendant for the construction work of the land processing factory (hereinafter “new construction work of the instant construction work”) at KRW 2.750 million (including value-added tax; hereinafter “the following”) on the ground (hereinafter “the construction work of the instant construction work”) on which the Plaintiff agreed to increase the construction cost by KRW 4.466,325 million on August 31, 2012.

With respect to the payment of the construction cost in the instant contract, advance payment of KRW 300 million shall be made on the 10th of each month, and the payment of the construction cost shall be made on the 10th of each month, and the balance shall be paid after an appraisal and assessment after approval for use, and if delay of the payment of each of the above construction cost, the delay damages shall

The Plaintiff completed the instant construction on or around April 30, 2013, and obtained approval for the use of the new building (hereinafter “new building”) on May 30, 2013.

On July 30, 2013, the Defendant agreed to pay the construction price for the additional construction works made in the course of construction of a new building as KRW 255,378,864 (hereinafter “additional construction price”) and to pay it until August 30, 2013.

[Ground of recognition] Facts without dispute, Gap 1 and 3 evidence (including the provisional number, hereinafter the same shall apply), and the facts acknowledged in Paragraph 1 of determination as to the ground for claim of the main claim of the entire purport of the pleadings, the defendant, barring special circumstances, shall enter the plaintiff in the table of the payment status of the attached construction cost (25,378,864 won for additional construction costs of KRW 4,718,628,628,864 (i.e., the agreed construction cost of KRW 4,463,250,00) which the plaintiff was paid by himself/herself in the attached Form No. 4,378,864 (hereinafter referred to as the "the current status table of the construction cost"), which states that the plaintiff was paid by himself/herself, "the date of actual payment" in the attached Form No. 5,123,250,000 won.

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