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(영문) 수원지방법원 2016.10.19 2015나39101
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and that part shall be revoked.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On August 201, C entered into a contract with the Defendant for the construction of the two sirens (six households; hereinafter “each of the instant buildings”) on the land of Pyeongtaek-si D and E, with the term “prices: 510,000,000/1 for the period: 5 months after the start of the construction,” and the term “within five months after August 23, 2011,” and the Plaintiff was subcontracted by C for the new construction of this case.

B. After that, C agreed not to set the construction cost of KRW 9,00,000 for the expansion and cost of balcony in lieu of reducing the contract amount of the instant new construction project from “5,00,000,000/1 Dong” to “5,000,000/1 Dong”. On November 14, 2011, C prepared a letter of performance to deduct the Defendant from the existing contract amount the penalty for delay at the rate of KRW 3/100 of the daily contract amount in the event of failure to complete the construction work, to the extent that it is possible to complete the completion inspection by December 20, 2011.

C. On November 15, 201, the Plaintiff: (a) executed the instant new construction project without interruption to “368,000,000 won/Dong” without intermediate payment; (b) completed a construction performance statement to the effect that, if the Defendant wishes, “in addition to interior interior, external and interior construction,” “the additional construction cost” should be paid for the additional construction cost; and (c) on the same day, C requested the Defendant to pay the said subcontract price and the additional construction cost, and the Defendant agreed to pay the said construction cost directly to the Plaintiff.

On December 1, 2011, the Plaintiff entered into an additional construction contract with C, and the Plaintiff and C submitted the said contract to H (the Defendant’s birth) and obtained approval from the Defendant.

Additional amount of construction: 42,00,000 inside 1) interior : 2 hold studs (minimum 2) creative studs: 3 electrical construction of 1,50,000 studs (in change of KRW 1,50,000).

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