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(영문) 서울중앙지방법원 2015.10.08 2013가단318658
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On July 9, 2013, the Plaintiff entered into a contract with the Defendant for construction works with the content that the Plaintiff would perform interior works with the following content:

(hereinafter referred to as the “instant construction contract”). The name of the Corporation: The site location of the Corporation: the construction period of 30 days: 10,000,000 won in the area of 110,000 in the area of the Corporation: 80,000 won in the area of the construction: the intermediate payment of 20,000,000 won (the payment date of the construction contract: 15 days in the case of the construction: the payment date) - The remainder of 10,000 won in the area of the Corporation: the defect repair period of 12 months from the completion date of the construction:

B. Around July 15, 2013, the Plaintiff commenced construction work of the instant case and suspended construction work on August 9, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. Although the Plaintiff’s assertion completed 92% of the instant construction work by August 9, 2013, the Plaintiff stated that the Plaintiff’s construction work price of KRW 15,076,080 was KRW 13,50,000, which was not paid on the 8th page of the complaint. However, considering the content certification and claimed amount of the claim sent by the Plaintiff to the Defendant on September 3, 2013, the said amount appears to be erroneous.

The defendant asserts that the sum of KRW 19,114,650 shall not be paid for the additional construction work under an agreement with the defendant and the defendant, and that the payment of the above construction cost shall be sought.

B. The part concerning the claim for the portion concerning the progress payment 1: (a) the Plaintiff failed to complete the construction work under the instant construction contract; (b) the fact that the Defendant received the construction site interrupted and completed the instant construction work by leaving it to a third party is not disputed between the parties; and (c) there is no dispute between the parties; (d) in order for the Plaintiff to seek payment for the construction work amount corresponding to the completed portion under the instant construction contract, the Plaintiff must prove the completion portion of the construction work; and (e) the Plaintiff has

Therefore, the plaintiff is therefore the plaintiff.

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