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(영문) 의정부지방법원 2017.09.21 2016나58424
공사대금
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) in excess of the amount ordered to be paid below.

Reasons

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

1. Facts of recognition;

A. On June 11, 2014, the Plaintiff, a company for the purpose of manufacturing and selling camping products, entered into a contract for supply and installation with the Defendant, which installs ten 10 glyming SHGT SHGT 50,000 won (including value-added tax) on the Cglymping site (hereinafter “instant glymping site”) on the ground of Pyeongtaek-gun, Gyeonggi-do (hereinafter “instant glymping”).

(hereinafter referred to as “the instant content supply and establishment contract”). (b)

The parts concerning the content (hereinafter “the content of this case”) in the written contract for the supply and installation of the instant content are as follows:

C. On June 17, 2014 and July 2, 2014, the Defendant paid to the Plaintiff totaling KRW 12,100,000 as the price under the instant content supply and installation contract. The Plaintiff completed the instant content supply and installation work around July 16, 2014.

On July 9, 2014, the Plaintiff entered into a construction contract with the Defendant for the ground creation and management of the instant glamping site, and construction contract for new construction works outside toilets (including value added tax) at KRW 85,800,000 for construction cost.

(hereinafter “instant construction contract”). E.

From July 5, 2014 to August 26, 2014, the Defendant paid a total of KRW 42,400,000 to the Plaintiff as the instant construction cost, and the Plaintiff completed the instant construction work on August 8, 2014.

F. From August 5, 2014, the Defendant started the instant glamping business.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 6, Gap evidence 7-1-24, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, the defendant's total of KRW 48,400,000 due to the instant content supply and installation contract (i.e., KRW 60,500,000 - KRW 12,100,000) and KRW 43,400,000 due to the instant construction contract (i.e., KRW 85,800,000 - KRW 43,400) and damages for delay.

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