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Reasons
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(영문) 광주지방법원 2020.11.27 2019가합56956
공사대금
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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 34,943,520 and its amount from July 6, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 30, 2018, the Plaintiff entered into the instant contract with the Defendants to enter into a contract for the construction of neighborhood living facilities (hereinafter “instant construction”). The main contents are as follows: (a) the Plaintiff entered into the instant contract with the Defendants under a contract for the construction of neighborhood living facilities (hereinafter “instant building”).

3. Date of commencement: August 8, 2018.

4. Date scheduled for completion: February 7, 2019.

5. Contract amount: Won 836,000,000 Won (including Won 836,00,000,000) - Value of supply: 760,000,000 won - Value-added tax: 76,000,000 won;

7. Prepaid gold: Not more than 30,000 won in daily gold (Won 83,60,000,000 won, 10%) -50% immediately after the commencement of construction works, and not more than 30 days after the commencement of construction works.

8. End portion: An amount of 80% of the total amount of a flag, which shall be paid at least 11. The rate of liquidated damages for delay shall be 1/1,000.

B. The Defendants completed the instant construction, as to the instant building, completed the approval for use (construction) on July 5, 2019.

C. The Defendants paid the instant construction cost of KRW 83,60,000 as the instant construction cost, and KRW 241,120,000 as the first payment on September 17, 2018, and the first payment on January 28, 2019. After the instant principal lawsuit was filed, the Defendants paid KRW 117,790,000 to the subcontractor of the instant construction project, and paid KRW 300,000 in total to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 5, 14, 15 (including additional evidence ; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. On May 3, 2019, the Plaintiff and the Defendants asserted that the contract amount of the instant contract was KRW 846,450,000, and the date of completion was changed to May 20, 2019. On June 21, 2019, the Defendants agreed to the secondary amendment agreement that changed the contract amount to KRW 850,850,000 and the date of completion of the instant contract to June 30, 2019.

The Defendants are the Defendants.

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