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(영문) 대전지방법원 서산지원 2017.04.25 2015가단7291
공사대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 38,431,597 and its amount from September 2, 2015 to April 25, 2017.

Reasons

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

1. Facts of recognition;

A. The Defendant received from the building owner a supply of the construction work for multi-family house C in the Seosan City (hereinafter “instant construction work”).

Plaintiff

A around November 2012, from the Defendant, the supply and demand of the instant construction of machinery and equipment (hereinafter “instant construction”) was determined as the construction cost of KRW 235 million (excluding value-added tax) among the instant construction works (hereinafter “instant contract”).

Plaintiff

B supplied the Defendant with materials related to the instant construction work.

B. The Defendant paid to the Plaintiff A total of KRW 200 million as the price for the instant machinery and equipment works, and paid KRW 100,582,627 as the price for the goods to Plaintiff B.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5, Gap evidence 6, the purport of the whole pleadings

2. The parties' assertion

A. The gist of Plaintiff A’s assertion 1) completed the instant machinery and equipment construction. As such, the Defendant is obligated to pay Plaintiff A KRW 258,50,000 (including value-added tax) for the cost of the instant machinery and equipment construction. However, Plaintiff A received only KRW 200,000 from the Defendant, and KRW 130,000 and KRW 1080,000,000,000,000,000 from the Defendant to be provided by the Defendant, must be deducted from the Defendant’s construction cost to be paid. Accordingly, the instant machinery and equipment construction cost to be paid by the Defendant to Plaintiff A is KRW 4,437,00,00. In addition, the Defendant’s defect part of the machinery and equipment construction cost claimed by the Defendant is recognized, and the Defendant is obligated to pay the Plaintiff a reimbursement or offset as above, and even if the defect is not included in the part of the instant contract, the Defendant’s claim for damages.

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