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(영문) 서울동부지방법원 2015.08.13 2014가단50631
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 3,565,00 to the Plaintiff (Counterclaim Defendant) for KRW 3,565,00 and the amount from November 4, 2014 to August 13, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 12, 2014, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with Defendant A to determine the interior works of “D” located in Kimpo-si Building 601 (hereinafter “instant building”) as the construction period from August 13, 2014 to August 27, 2014 and to receive construction payment of KRW 34 million (excluding value-added tax) (hereinafter “instant construction contract”).

The fixed payment date of the construction price shall be as follows:

1. Contract deposit: 9 million won.

H. Part payments on August 12, 2014: 18 million won on the agreed date;

H. Balance remaining on August 20, 2014: 7 million won

(z) Confirmation of the completion of construction works on August 29, 2014;

(e) The deadline for each payment shall be within two days from the date of agreement, and the down payment shall be within one day);

B. On August 20, 2014, Defendant A paid the down payment of KRW 9 million on the date of the said construction contract. On August 20, 2014, the date of the intermediate payment agreement, Defendant A pointed out that there was a defect, such as defect and contamination, in relation to part of the interior works executed while paying KRW 8 million as part of the intermediate payment, and requested the Plaintiff to supplement the work. The Plaintiff’s opinion arises between the said Defendant and the Plaintiff, such as suspending the construction work upon demanding the payment of the intermediate payment.

C. After that, the Plaintiff changed the construction period from September 16, 2014 to September 23, 2014, among the terms and conditions of the construction contract, to the period from September 23, 2014, and proposed the amendment of the construction contract in this case to the effect that the construction amount is increased by KRW 34 million to KRW 3,5650,000,000. The details of the specific modification of the construction amount specified as an additional order for free addition and modification work, and KRW 50,000,000,000 as an additional order for the payment of the construction amount, and KRW 1,155,00,000 (in addition, KRW 1,650,000,000,000,000,000,000,0000,000,000,000,000).

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