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(영문) 광주지방법원목포지원 2020.04.08 2018가단51080
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,084,100 to the Plaintiff (Counterclaim Defendant) and its related amount from January 1, 2018 to April 8, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 18, 2016, the Plaintiff received a contract from the Defendant for construction of a detached house on the land outside New-gun C and one parcel of land, 30 square meters from the date of commencement of the construction period, 3 months from the date of commencement of the construction period, 93,00,000 won.

(hereinafter “the instant construction contract”. The instant construction project under the instant construction contract refers to “the instant construction project,” and the completed building is referred to as “the instant building,” and the contract written at the time of conclusion of the instant construction contract is as shown in the attached Form).

The Plaintiff completed the instant construction. On January 31, 2017, the Defendant obtained approval for the use of the instant building from the Newanan-gun.

C. The Defendant paid a total of KRW 81,300,000 to the Plaintiff as the construction cost of the instant construction project, and did not pay the remainder of KRW 11,70,000 (= KRW 93,00,000 - KRW 81,30,000).

[Ground of recognition] Uncontentious facts, Gap evidence 1 to Gap evidence 8-3, Eul evidence 1-1 to Eul evidence 33, each of the appraisal results of this court's appraiser D (the plaintiff's application and defendant's application) and each of the supplementary appraisal results, the purport of the whole pleadings

2. Determination as to the Plaintiff’s assertion of the payment of construction cost and additional construction cost claims against the Defendant

A. The fact that the unpaid construction cost Defendant has not yet paid KRW 11,700,000, out of the construction cost to be paid to the Plaintiff under the instant construction contract does not conflict between the parties.

The defendant is obligated to pay the plaintiff KRW 11,700,000,000 for the payment of the unpaid construction price, unless there are special circumstances.

B. Determination on the Plaintiff’s claim for additional construction cost against the Defendant (1) is that the Plaintiff’s claim for additional construction cost against the Defendant is KRW 21,194,00 in total, as seen in the number of claims stated below [Attachment 1], and thus, the Defendant is obligated to pay it to the Plaintiff.

(2) According to the evidence submitted, the Plaintiff’s assertion is added.

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