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(영문) 서울서부지방법원 2014.12.18 2013가합30998
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 204,453,910 to the Plaintiff (Counterclaim Defendant) and its related amount from January 18, 2013 to December 18, 2014.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company established for the purpose of construction and remodelling, design and interior fishery, etc., and the Defendant operates C in Chungcheongnam-gun budget-gun B (hereinafter “instant building”).

B) Around September 27, 2012, the Plaintiff entered into a construction contract with the Defendant and the instant building construction cost of KRW 1,550,000,000 (excluding value-added tax) and the construction period from October 4, 2012 to November 30, 2012 (hereinafter “instant construction contract”).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion (Claim 1) completed the instant construction work, but the Plaintiff did not receive KRW 60,210,000 out of the construction cost. Meanwhile, the Plaintiff failed to complete the instant construction work and other auxiliary work among the construction works for the instant building. Of which, after concluding a construction contract with D with 50,000, the Plaintiff paid KRW 35,000 as part of the construction cost. The remainder of KRW 15,000,000 was unpaid, and other incidental work such as the other work were required to pay KRW 5,00,000 for the instant construction work. Accordingly, the Defendant was obligated to pay the Plaintiff additional construction work with KRW 15,00,000 and KRW 5,000,000,000 which was not paid as the price for the instant construction work, while deducting the Plaintiff’s additional construction work from the price for the instant construction work.

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