(영문) 인천지방법원 2015.10.30 2014가합52113

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(영문) 인천지방법원 2015.10.30 2014가합52113

양수금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 56,843,00 to the Defendant (Counterclaim Plaintiff) for KRW 56,843,00 and its related amount from December 31, 2013 to October 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 8, 2013, the Plaintiff entered into a contract with the Defendant on the terms of the contract with the Defendant for each of the construction cost of KRW 5,335,00,000, and the construction period from April 8, 2013 to June 28, 2014 (hereinafter “instant basic construction contract”).

B. On September 27, 2013, the Plaintiff entered into a modified contract with the Defendant to reduce the construction cost of the instant construction contract to KRW 3,556,300,000.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1, 2, and 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 84, 88, and Eul evidence No. 9 as to the main claim, the fact that Gap, etc. with claims, such as equipment costs, transferred each of the claims listed in the separate sheet to the plaintiff between January 13, 2014 and March 28, 2014, and that the plaintiff notified the defendant of each of the above assignment of claims around that time.

According to the above facts, unless there are special circumstances, the defendant is obligated for the plaintiff to pay 570,857,000 won to the defendant as the price for the basic construction of this case among the total acquisition amount of KRW 570,857,00 as stated in the attached list to the plaintiff, and the plaintiff does not clearly claim that the subject of the above deduction is the price for the basic construction of this case or the price for the additional construction as claimed by the defendant. However, according to the statement of the main complaint and the preparatory documents submitted by the plaintiff, etc., it appears that the price for the basic construction of this case is deducted. Thus, it is determined accordingly.

The remainder after deducting the part shall be 477,57,000 won and damages for delay.

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