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(영문) 광주지방법원 해남지원 2021.01.12 2019가단200451
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 4,713,414 to the Defendant (Counterclaim Plaintiff) and its related thereto. From November 19, 2019 to January 12, 2021.

Reasons

1. Basic facts

A. On May 2017, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with the Plaintiff on the ground that the construction of a new house and a warehouse on the land (hereinafter “instant land”) located in the Do of Nam-do, Seoul-do, 698 square meters (hereinafter “instant land”).

B. Upon completion of the instant construction project at the end of August 2017, the Plaintiff newly built 82 square meters of a concrete structure detached housing (around 24.84 square meters; hereinafter “the instant housing”) and 49 square meters of a general steel structure warehouse (around 14.84 square meters; hereinafter “instant warehouse”); and (b) together with “the instant housing” (hereinafter “each of the instant buildings”).

(c)

From June 8, 2017 to October 2017, the Defendant paid the Plaintiff totaling KRW 80 million to the construction cost of the instant case.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 9, and 13 (including each number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The summary of the Plaintiff’s assertion 1) The Plaintiff and the Defendant concluded the instant contract, and KRW 57.5 million in the cost of housing construction (i.e., KRW 25 million x KRW 2.3 million), KRW 17.16 million in the cost of warehouse construction (i.e., KRW 15.6 x KRW 11.1 million stated in the application for payment order in the form of KRW 1.1 million x 1.1 million in the light of the Plaintiff’s assertion

1,248,00 won (i.e., 15.6 square x 80,000 won) was agreed on the warehouse electrical facilities.

The Defendant, including the above construction cost, paid to the Plaintiff the total amount incurred by the Plaintiff in the instant construction project within KRW 100 million. Even if not, there was an agreement between the Defendant and the Defendant regarding the portion incurred by the Plaintiff in addition to the above construction project.

2) In addition to the housing construction cost and warehouse construction cost, the Plaintiff spent 2,349,00 won in total to the instant construction project as indicated in the 1 to 25th net time, and received KRW 80,000,000 from the Defendant as the construction cost of this case.

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