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(영문) 부산지방법원 2016.10.18 2015가단240757
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 15,280,073 as well as the full payment from August 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 9, 2015, the Plaintiff entered into a contract with the Defendant on a set of KRW 24 million for the construction cost (excluding value-added tax) for the structural construction cost, which connects the two-story building to the construction site after removing the roof of the 1st floor among the 2nd floor building and the spart roof 2nd floor building of the spart roof, which is owned by the Defendant and the Defendant, and newly constructing the roof by raising the height of the wall.

B. Since then, the Plaintiff agreed to KRW 40 million in total by increasing the construction cost with the Defendant, while engaging in the additional construction for the part with a height of the roof (hereinafter “the primary construction”). The Defendant, among the construction works, contracted the additional construction work that connects the existing building by improving the roof (hereinafter “the secondary construction work”).

On August 2015, the Plaintiff completed all construction works for the Haman. D.

Meanwhile, the Defendant paid the Plaintiff KRW 30 million for the construction cost on June 18, 2015, KRW 240 million on July 2, 2015 (i.e., value-added tax amounting to KRW 2 million, KRW 400,000 for the removal of asbestos slate buildings with KRW 4 million), KRW 20,000 for the construction cost on July 15, 2015, KRW 57,40,000 for the construction cost on August 6, 2015, and KRW 2,241,00 for the value-added tax on August 22, 2015, KRW 6086,60 for the total purchase cost of materials for the repair work on September 30, 2015, KRW 6086,686,608,686,608,000 for the purchase cost of materials, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4 (including each number), Eul evidence 2-3, 4, and 4, part of the plaintiff's personal examination result, the purport of the whole pleadings

2. Determination on the main claim

A. The second floor for the connection of buildings after the Plaintiff agreed on the construction cost of KRW 40 million with the Defendant while performing the primary construction and the first additional construction works.

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