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(영문) 서울동부지방법원 2014.10.14 2013가단64459
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 6,431,874.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 1 through 3, entry of Eul's evidence 9 through 14, the purport of the whole pleadings);

A. On July 19, 2013, the Plaintiff entered into a remodeling construction contract with the Defendant on the Seongbuk-gu Seoul Metropolitan Government Ground B’s ground detached housing (hereinafter “instant building”) with respect to the following matters (hereinafter “instant building”).

The name of the construction project: On July 30, 2013 (effective from the date of signature) of July 30, 2013, and September 12, 2013, the supply value: 60 million won (excluding value-added tax) for the construction project after completion of the construction project, the payment of the price for the construction project shall be made immediately after completion of the contract, the first progress payment shall be KRW 20 million on August 6, 2013, the second progress payment shall be KRW 20 million on August 22, 2013, the second progress payment shall be KRW 5 million on August 22, 2013, and the remainder shall be paid KRW 50 million on September 10, 2013 (hereinafter referred to as the “instant construction project”): Where the construction project is executed on the grounds not attributable to the defendant or any natural disaster, the plaintiff may, without delay, request the defendant to change the unit price for the construction project in accordance with the provisions of Article 16 (1).

(Article IX(2)2). (b)

On July 19, 2013, the Plaintiff’s separate statement of value-added tax and non-statements to the Defendant on the instant contract.

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