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(영문) 수원지방법원 2019.03.21 2018가단506359
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 183,394,818 to the Plaintiff (Counterclaim Defendant) and its related amount from February 22, 2018 to March 21, 2019.

Reasons

1. Facts of recognition;

A. 1) On November 30, 2015, the Plaintiff entered into a contract for a construction project with the Defendant and the Plaintiff, as well as D utilizing natural materials on the ground of Gwangju City owned by the Plaintiff (hereinafter “instant building”).

() A contract was concluded to contract a new construction project, which was finally concluded on January 5, 2016, setting a total of KRW 50,000,000 for the construction cost until April 30, 2016 (hereinafter “instant construction contract”) and entered into a contract to contract a new construction project (hereinafter “instant construction contract”).

(2) At the time of the instant construction contract, the Plaintiff agreed to pay KRW 110,000,000 for the remainder payment of KRW 110,000 for the first intermediate payment of KRW 110,000 for the second intermediate payment of KRW 110,000 for the second intermediate payment of KRW 110,000 for the third intermediate payment of KRW 110,000 for the third intermediate payment of KRW 110,000 for the completion of interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works, respectively.

3) In addition, the Defendant submitted the design documents to the Plaintiff after concluding the contract (Article 4 of the contract), and both parties, after the determination of detailed execution drawings, agreed to execute the design documents after consultation with the third party (owner, contractor, and building office) where it is necessary to revise the drawings inevitably (Article 6(b) of the contract).

The Plaintiff paid the Defendant totaling KRW 538,000,000 as indicated below.

Method of temporary payment of KRW 60,00,000 on December 29, 2015 to the F Bank Account in the name of KRW 50,000,000 on December 30, 2015, the transfer to the F Bank Account in the name of KRW 30,000 on March 31, 3016, to the F Bank Account in the name of KRW 110,000,000 on March 31, 2016, 40, to the F Bank Account in the name of KRW 0,000 on April 30, 2016, to the F Bank Account in the name of KRW 0,00 on May 19, 2016, KRW 00 on KRW 0,00 on June 30, 200, KRW 00 on June 16, 200, KRW 00 on June 20, 200 on the name of the F Bank;

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