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(영문) 수원지방법원성남지원 2013.10.01 2012가합21061
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,728,638 to the Plaintiff (Counterclaim Defendant) and its related amount from October 25, 2012 to October 1, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On July 22, 2011, the Plaintiff, a person operating a construction company C, entered into a contract with the Defendant for the construction of a neighborhood living facility or multi-family house (hereinafter “instant house”) with the fourth floor on the D ground of Seongbuk-gu Seoul Special Metropolitan City (hereinafter “instant construction”) (hereinafter “instant construction contract”), stating that “the Plaintiff and the Defendant entered into the instant contract with the Plaintiff and the Defendant on the terms of “the construction cost of KRW 490 million and the construction period of KRW 490 million from July 30, 2011 to November 30, 2011” (hereinafter “instant contract”).

B. The Plaintiff continued the instant construction from around the date of the instant contract to February 2, 2012, and obtained approval for the use of the instant housing on February 23, 2012, and transferred the instant housing to the Defendant around that time.

C. Meanwhile, the Plaintiff was paid KRW 470 million out of the construction price of this case by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, witness E's testimony, purpose of whole pleading

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 20 million out of the construction cost of KRW 490 million as stipulated in the instant contract.

B. The Plaintiff’s assertion 1) At the Defendant’s request, the Plaintiff is obligated to pay the Plaintiff the sum of the above additional construction costs (= KRW 39,608,500 in the balcony extension construction cost of KRW 300,608,500 in the window title building construction cost of KRW 300,608,50 in the instant housing, and the construction work of expanding the balcony into the living room, the main room, the main room, and the main room.)

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