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Reasons
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(영문) 인천지방법원 2016.11.29 2016가단607
공사잔대금 등
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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 13, 2016 to November 29, 2016.

Reasons

1. Summary of the parties’ assertion

A. On July 22, 2015, the Plaintiff’s assertion 1) filed a claim for construction cost with the Defendant, the Plaintiff’s contractor, the contractor, the Defendant’s contractor, and the Plaintiff’s construction cost of KRW 200,000 (excluding value-added tax). The Plaintiff’s claim for construction cost of KRW 10,00,00, and the contract for construction works on ten lots other than Incheon-gun

(2) The Plaintiff paid KRW 16,583,00,000 out of the construction price (including value-added tax) to the Defendant, and the Defendant paid KRW 85,50,000 out of the construction price. Therefore, the Defendant is obliged to pay the Plaintiff a total of KRW 16,583,00,000 to the Defendant. (2) The Plaintiff is obligated to pay the Plaintiff a total of KRW 16,583,000 to the Defendant.

However, since the defendant did not repay the above loan to the plaintiff, the defendant is obligated to pay the plaintiff the above loan 16,583,000 won and delay damages.

B. The defendant's assertion (including the grounds for counterclaim) 1) The defendant is merely a witness and investor who is not a party to the construction contract of this case, and there is no obligation to pay the construction price to the defendant.

B) Even if the Defendant is a contracting party to the instant construction contract, it cannot be deemed that the Plaintiff did not fully perform the construction work under the instant construction contract, and that the construction work amount exceeds the amount the Plaintiff received. C) If the Defendant is a contracting party to the instant construction contract, it is merely KRW 30,347,200, the construction work price incurred by the Plaintiff’s progress is merely KRW 85,000,000, which the Plaintiff deducted the above amount from the construction price already received to the Defendant. 54,652.

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