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(영문) 서울남부지방법원 2021.01.28 2019가단213355
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid to the Plaintiff (Counterclaim Defendant) KRW 61,622,00 and the amount pertaining thereto from March 30, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the purpose of the wholesale and retail business, the installation, maintenance and repair of air conditioners, and the incidental service business. The Defendant is a company established for the purpose of soil construction business, steel reinforced concrete construction business, etc.

B. On December 10, 2018, the Plaintiff was awarded a subcontract by the Defendant for the construction of air conditioners at KRW 528,00,00 for the installation of air conditioners and KRW 165,00 for the construction of air conditioners (one household) in Songpa-gu Seoul (hereinafter “C 100 households”).

Until January 29, 2019, the Plaintiff completed the construction of air conditioners to C 100 households, and accordingly, the construction cost for which the Plaintiff is a total of KRW 227,172,00 [No dispute between the parties concerned as to air conditioners ( KRW 210,672,00 in air conditioners ( KRW 528,00 in air conditioners x 399) and KRW 16,50,000 in air conditioners ( KRW 165,00 in x 100), and the above amount].

(c)

around that time, the Plaintiff was awarded a subcontract for installation of air conditioners at KRW 50,00 for the installation of air conditioners (one unit unit) to the 34 generation of D Apartment Units located in Young-si (hereinafter “D 34 generation”) from the Defendant at KRW 550,000 (hereinafter “instant subcontract”). The Plaintiff completed the construction of air conditioners to d 10 households up to February 2, 2019, but the Plaintiff completed the construction of air conditioners to d 10 households.

3. The Defendant did not undertake installation works for the remaining generations on the ground that the Defendant did not pay the construction cost, and completed the works at the construction site.

D The construction cost of air conditioners for ten households is 32,450,000 won in total (550,000 won x 59, and there is no dispute between the parties about the above amount).

(d)

The Plaintiff received a total of KRW 198,00,000 from December 21, 2018 to February 14, 2019 as the construction price for air conditioners installed under the instant subcontract (defensing the dispute) (defensing the fact that there is no dispute) / [Grounds for recognition] evidence Nos. 1 to 3, respectively, and pleadings.

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