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(영문) 대구지방법원서부지원 2016.10.14 2014가합4263
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 120,052,739 to the Plaintiff (Counterclaim Defendant) and its related amount from April 4, 2015 to October 14, 2016.

Reasons

1. Basic facts

A. On September 13, 2013, the Defendant agreed to the Plaintiff on the construction of the factory building on the third floor above ground (hereinafter “instant construction”) on September 13, 2013 (hereinafter “instant construction”) with the supply price of KRW 3 billion (excluding value-added tax) and the completion completion date as of March 23, 2014, and subsequently changed the completion completion date to May 23, 2014 after consultation with the Plaintiff.

(1) The down payment of KRW 900 million (excluding value-added tax; hereinafter the same shall apply) shall be paid within 14 days after the contract is made; KRW 900 million for the first intermediate payment of KRW 600 million after the establishment of steel structure; KRW 600 million for the second intermediate payment of KRW 300 million after the establishment of the board; KRW 300 million for the third intermediate payment; and KRW 300 million for the remainder of KRW 300

d. The value of supply of 3 billion won shall be based on design drawings and shall be executed in accordance with design drawings estimates.

The plaintiff shall install partitions and temporary structures as requested by the defendant at the time of construction of the 12th floor after completion.

In addition, the value of supply is 3 billion won including an additional cost of 100 million won, but if additional cost of 50 million won or more per case occurs, it shall be determined after mutual agreement.

B. The Plaintiff delivered the instant construction by May 23, 2014, and the Defendant paid the Plaintiff a total of KRW 2.97 million (including value-added tax) and value-added tax on the remainder of the construction work by September 30, 2014, which was the date of the payment of the remainder of the construction work, pursuant to the agreement, until September 30, 2014, the Plaintiff paid the Plaintiff a total of KRW 2.97 million (including value-added tax) and the remainder of the construction work

C. Meanwhile, the Plaintiff, while continuing the instant construction on March 14, 2014, demanded the Defendant to pay additional construction cost of KRW 520,000,000 to the Defendant (this refers to the amount including all the additional revisions, other than the design drawings) and suspended the construction, and the Plaintiff consulted with the Defendant on March 30, 2014.

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