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(영문) 울산지방법원 2015.01.15 2013가합4384
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 243,449,674 to the Plaintiff (Counterclaim Defendant) and its related amount from July 2, 2013 to January 15, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From August 201, 201, the Construction of Subwon Construction Co., Ltd. (hereinafter “Subwon Construction”) contracted the construction of a new factory on the ground C from the Sejongjin Co., Ltd. (hereinafter “Sjin”), and the contract under paragraphs (b) through (f) (hereinafter “each of the instant construction contracts”) was concluded as a subcontract for part of the said construction works.

B. On August 15, 201, the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Defendant. On September 20, 2011, the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for the Construction Contract for

C. On November 17, 2011, Sejong entered into a contract with the Defendant to provide a subcontract amounting to KRW 77,000,000 for the installation of automatic entrance documents at the Sejong-do site. D.

On February 25, 2012, the construction of the steel team was concluded with a contract that sets the construction cost of KRW 154,00,000 to the defendant, among the construction works of the steel team, the steel team and the steel team construction of the steel team and the steel team reinforcement works.

E. On March 14, 2012, Segjin entered into a contract with the Defendant to provide that construction cost shall be KRW 11,000,000,00, for the construction cost to the Defendant.

F. On March 19, 2012, a contract was concluded for the construction of the steel frame and the steel board construction among the steel 2YARD department and the compact studio construction works to set the construction cost of KRW 143,00,000 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, each entry of evidence Nos. 23, the purport of whole pleadings

2. The parties' assertion

A. Between the Plaintiff and the Defendant’s assertion of the principal claim 1, the instant construction contract was concluded under the name of the Defendant, and the Plaintiff is the actual party.

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