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(영문) 서울남부지방법원 2016.04.01 2015가합3533
공사대금
Text

1. The counterclaim Defendant: 89,684,737 won to the counterclaim and 20% per annum from June 2, 2015 to September 30, 2015.

Reasons

1. The following facts may be acknowledged in full view of the following facts: there is no dispute between the parties; there is no evidence of Category B to 7 (including the number of branch offices); and the purport of the entire pleadings in the testimony of the witness B;

Around March 2012, the Lessee entered into a contract with the temporary installation and reinforced concrete construction works (hereinafter “1-1-2 construction works”) among the construction works of the C Apartment Construction Co., Ltd., and with the construction works of two sections for reinforced concrete construction (hereinafter “1-2 construction works”) among the construction works of the C Apartment Construction Co., Ltd., and the construction works of two sections for reinforced concrete construction (hereinafter “1-2 sections”). On March 16, 2012, the Counterclaim Defendant subcontracted to the 606,50,000, among the construction works of the C Apartment Construction Co., Ltd., Ltd., for the construction works of the C Apartment Construction Co., Ltd., Ltd., for the construction works of the 485,34,500, respectively.

B. On February 28, 2013, the instant construction was suspended due to the failure of the counterclaim Defendant to pay equipment costs and labor costs to equipment companies and human parts, and the counterclaim attempted to pay the construction cost in advance to the counterclaim Defendant and resume the instant construction. However, on March 13, 2013, the instant construction was resumed. Ultimately, the counterclaim Defendant notified the counterclaim Defendant of the termination of the subcontract agreement and carried out construction works directly from March 14, 2013.

C. The actual flag amount of the counterclaim Defendant’s construction of this case is KRW 802,507,985 (i.e., labor cost for concrete-related labor cost of KRW 722,536,400, labor cost of KRW 75,79,585), but the counterclaim paid to the counterclaim Defendant KRW 892,192,722 in total as construction cost (i.e., labor cost of KRW 736,639,346 in concrete-related labor cost of KRW 61,90,00 in total (i.e., labor cost of KRW 52,836,450 in total) cost of labor cost related to the two lines, namely, labor cost of KRW 40,726,926,926 in total).

2. According to the above facts of recognition, the counterclaim Defendant received construction payment from the counterclaim Plaintiff, and the instant construction work.

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