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(영문) 부산지방법원 2017.08.08 2017가단304464
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 14,750,00,000 with full payment from October 5, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 1, 2015, the Plaintiff entered into a subcontract with the Defendant and the Plaintiff on August 1, 2015, regarding the construction cost of machinery and sanitary equipment works among factory construction works, Co., Ltd., Ltd., Ltd., located at Port B (hereinafter “port construction works”), with the period from August 1, 2015 to September 30, 2015 (including value-added tax), and concluded the subcontract and completed the said construction.

B. On August 31, 2015, the Defendant paid KRW 10 million to the Plaintiff on August 31, 2015, and paid KRW 1,8250,000 to the lower company of water tanks on September 14, 2015.

C. Meanwhile, around June 2013, the Plaintiff concluded a subcontract and completed the said construction on January 6, 2015, by setting the construction cost of KRW 199,250,000,000 for the construction period, from June 24, 2013 to November 30, 2013, with respect to the mechanical sanitary installation works among the construction works for the expansion and renovation of the E Hospital located in Busan Northern-gu D Hospital (hereinafter “UD”).

[Grounds for recognition] Class 3, 4, Eul evidence Nos. 1, and the purport of the whole pleadings

2. According to the facts of the judgment on the principal lawsuit and the counterclaim claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 14.75 million (=3 million - 18.25 million) of the construction cost at the time of port and as sought by the Plaintiff, the amount calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 5, 2016 to the date of full payment, as sought by the Plaintiff.

On the other hand, the defendant does not need to pay the value-added tax of KRW 3 million because the tax invoice is not issued in relation to the port construction work, and since the defendant paid KRW 17.5 million, the remaining construction cost is KRW 12.5 million (= KRW 30 million - KRW 17.5 million). The Busan D D Corporation caused defects in non-construction and different construction works and deducted KRW 36,481,400 from the ordering office. Thus, the defendant raised a defense to the effect that there is no money to be paid as the construction cost of port construction when offsetting the amount on an equal basis.

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