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(영문) 대구지방법원의성지원 2016.01.12 2014가합184
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 115,50,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 22, 2013 to January 12, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts do not conflict between the Parties:

On September 21, 2011, the Plaintiff received each of the construction cost of KRW 440,000,000 (including value-added tax; hereinafter the same shall apply) for the installation of livestock excreta treatment facilities of Ulsan farm (excluding civil engineering and construction parts) from the Defendant in Ulsan-gun, Ulsan-gun, and the Plaintiff received each of the construction cost of KRW 220,00,000 for livestock excreta treatment facilities of racing farms (excluding civil engineering and construction parts).

(B) The contract for the installation of livestock excreta treatment facilities of Ulsan farm (hereinafter “the first construction contract of this case”).

In addition, on March 31, 2012, the Plaintiff and the Defendant agreed to increase the disposal capacity of livestock excreta disposal facilities from 15 tons to 35 tons a day and to receive additional construction cost of KRW 231,00,000,000, in lieu of not doing installation work for livestock excreta treatment facilities of racing farms.

(hereinafter “The instant Additional Construction Contract” refers to “the instant Additional Construction Contract,” and refers to “the instant construction contract,” and “the instant construction project” under the instant construction contract.

From September 8, 2011 to October 30, 2012, the Defendant paid the Plaintiff KRW 530,000,000 in total as the construction cost of the instant case.

2. Judgment on the ground of the Plaintiff’s claim

A. 1) Acknowledgement of the instant construction contract claim 1) 4, 5, 7, 9, 10 through 20 each entry (including the serial number; hereinafter the same shall apply) in the evidence Nos. 4, 5, 7, 9, 10 through 20, and Eul evidence Nos. 5, witness C, D, E's testimony, and the result of the fact inquiry and the whole argument of the U.S. court with respect to the U.S. government office, the following facts may be acknowledged, and there is no counter-proof.

(1) The instant construction project area is in accordance with the Local Designation Regulations for the application of permissible emission levels (Public Notice of Ministry of Environment No. 2004-208, January 6, 2005), following the upper region of the F.

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