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(영문) 인천지방법원 2020.07.02 2019가단7913
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,695,012 to the Plaintiff (Counterclaim Defendant) and the amount from November 21, 2017 to July 2, 2020.

Reasons

.6,482,817 won;

6. 〃 3,867,376 of toilet packing work x 3,511,090 won for toilets 41,264 won for toilets x 342,720 won for toilets 〃 8,241,210 for vinyl chlorate 8,869,869 for contract work price of KRW 5,134,682 x 22.92 ± 406 construction volume settlement (2.92 U.S. among 406) x 39,923 agreed construction cost of KRW 3,916,440 x 2.63 x 258 x 258 construction cost, but there is no evidence to acknowledge that the Plaintiff had completed the settlement of construction cost of KRW 406 x 39,923 for the total construction cost of KRW 258 (the total construction cost of KRW 2583,258).

7. Other work cost agreed upon in 209,793 x 582,760 x 1.8 ± 5 x 623,53 construction volume settlement units (1.8 5 ) in the vertical rescue unit of 623,553 x 1,66,750 won in the total non-construction wood fences, "505,128 won in braille guidance signs for persons with disabilities exclusive use" means "204,552 won in the parking guidance signs for persons with disabilities.

8. "Occupiment (2.6KW*2 Gu) 1,325,540 won in Scupiment (3.5KW*1 Gu) 58,550 won in Scupiment (3.5KW*1 Gu)

9. AD01 1,560,000 won for Chang Ho Construction on October 10, 200 for the entire non-execution of the appurtenant construction work. The plaintiff alleged that he completed this part of the construction work, but there is no evidence to acknowledge it.

According to the total amount of KRW 45,284,233, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 45,284,233, which was not paid at KRW 173,80,00,000, plus KRW 21,203,557, which was calculated by deducting the construction cost of KRW 107,312,210, which was already paid, from the payment of the construction cost of KRW 173,80,00 (= KRW 45,284,233 - KRW 107,312,210), and delay damages therefor.

3. Judgment on the defendant's assertion and counterclaim

A. As the Plaintiff’s delay in the Plaintiff’s assertion terminates the contract with the Defendant, the Defendant sustained damages from the Songpa-gu Office’s reduction of the construction cost from KRW 109,964,89, with full payment of KRW 85,317,040 as the contract deposit to the Mutual-Aid Association.

In addition, the penalty for delay caused by the delay of construction by the plaintiff is 66,495.

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