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(영문) 수원지방법원 2019.02.14 2017가단528345
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 65,259,050 to the Defendant (Counterclaim Plaintiff) and against this, from June 29, 2018 to February 14, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Facts of recognition

On February 1, 2017, the Plaintiff: (a) around February 1, 2017, determined the construction cost as KRW 1,000,000 per average; and (b) received the contract from the Defendant for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works located in Yeongdeungpo-gu C (hereinafter “instant construction works”).

The Plaintiff, while performing the instant construction work, suspended the construction work without completing the construction work due to the dispute with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 (the defendant's seal imprint part of the defendant's seal impression is presumed to have established the whole document's authenticity. The defendant asserts that this document was forged by K, but it is not sufficient to acknowledge the document's evidence No. 1 alone, and there is no other evidence to acknowledge it), Gap evidence No. 2-2, Gap evidence No. 3-2, and the plaintiff's assertion of the parties to judgment as to the claim for the principal claim as to the whole purport of pleading, and the claim for return of the counterclaim advance payment, and thus, the contract price of this case is 302,80,000 won. The contract price of this case is 154,418,000 won. Since the defendant paid the contract price of this case only, the defendant is obligated to pay the remainder construction price of 148,390,000 won.

① The E Basic Construction Costs of KRW 34,100,00 and KRW 4,290,000 for the Additional Construction Costs of KRW 66,735,00 for the Additional Construction Costs of KRW 192,00 for the Additional Construction Costs of KRW 9,735,00 for the Additional Construction Costs of KRW 26,48,00 for the Construction Costs of KRW 26,48,100 for the Basic Construction Costs of KRW 27,10,00 for the Additional Construction Costs of KRW 7,05,00 for the Additional Construction Costs of KRW 70,400 for the Basic Construction Costs of KRW 15,40,00 for the Additional Construction Costs of KRW 6,200 for the Construction Costs of KRW 192,200 for the Defendant’s claim against the Defendant, and the Plaintiff’s claim against the Defendant should be returned to the Defendant as the remainder of the Construction Costs of KRW 1,305,400 for the Construction Costs of this case.

Judgment

In advance paid by the defendant, the whole purport of the pleadings is as follows: Gap evidence 4-1-8 and Eul evidence 17-17.

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