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(영문) 울산지방법원 2020.08.13 2018가합24048
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 137,039,650 to the Plaintiff (Counterclaim Defendant) and its related amount from October 2, 2017 to August 13, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 2017, the Defendant was awarded a subcontract for part of the above construction work by E, which is a new factory construction work in Ulsan-gun C Complex D, Ulsan-gun, and the Plaintiff entered into a subcontract with the Defendant to receive a re-subcontract by setting the payment period from February 6, 2017 to April 10, 2017 (hereinafter “instant subcontract”). Around that time, the Plaintiff started the instant construction work by entering into a subcontract with the Defendant on the following terms: (a) the Defendant’s construction work part of the subcontracted construction work, which was 726,00,000,000 (in addition to value-added tax; hereinafter the same shall apply), the construction period from February 6, 2017 to April 10, 2017; (b) the payment of labor cost after 15 days from the last day of each month; and (c) the materials cost to be paid after 30 days from the last day of each

B. Around March 6, 2017, the Plaintiff filed a claim with the Defendant for KRW 150 million with a pro rata as of February 2017 of the instant construction project, and received the said money from the Defendant on or around March 29, 2017.

C. Around April 2017, the Plaintiff and the Defendant entered into a modified contract with the following (hereinafter “instant modified contract”).

The Change Contract of this case

5. Contract amount: Value-added tax of KRW 824,360,000: Value-added tax of KRW 824,463,00: 11. Details of the construction: DUC PTRCR AREA1 (PG1) the modification contract due to the modification of materials and materials to be entered into a lighting, straw, and stamping construction; 13. Additional and modified contracts shall, in principle, settle the amount.

14.The additional contract shall be subject to the terms of the original contract.

On or around April 21, 2017, the Plaintiff filed a claim with the Defendant for KRW 220 million on or around March 201, 2017, and received the said amount from the Defendant on or around May 10, 2017. On or around April 28, 2017, the Plaintiff filed a claim for KRW 227 million with the Defendant on April 28, 2017, but only received KRW 158,110,00 from the Defendant on May 12, 2017, and around May 30, 2017, the Plaintiff received only KRW 114,400,000 from the Defendant on or around May 30, 2017.

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