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(영문) 서울북부지방법원 2012.09.20 2011가합10260
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 50,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1 (the same as evidence No. 3; hereinafter the same shall apply), Gap evidence Nos. 2 and 3, and Eul evidence Nos. 2 and 7, and the purport of the whole pleadings:

On July 1, 2010, the Plaintiff entered into a construction contract with the Defendant and Dobong-gu Seoul Metropolitan Government (hereinafter “instant construction contract”) with the construction cost of KRW 720,00,000 (excluding value-added tax) for the construction work of the instant construction work (hereinafter “instant construction contract”).

B. Of the instant construction contract, the main contents relating to the instant case are as follows.

§ 1. (Scope of Construction) The scope of construction is limited to the details of design drawings and estimates (including balcony), Section 2 (Construction Period) (Construction Period)

A. This construction period will be terminated from July 1, 2010 to November 30, 2010.

Article 3 (Construction Costs)

(a) Miscellaneous billion won (720,000,00) (1) Contract deposit and retainer money; and

7.1. 3 billion won (e.g. 300,000 g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g. g.

(3) A value-added tax invoice shall be separately imposed.

The scope of the construction cost shall be from one to half of the construction to one of the construction sites, and the entire construction cost, supervision cost, industrial accident, employment insurance, etc. shall be borne by Eul (Plaintiff).

Article 5 (Defendant) and B shall cooperate with the civil petitioner when the civil petition is filed, and when the civil petitioner requests money, A shall be responsible, and when the civil petitioner requests money, A shall additionally bear additional costs and extend the deadline for construction works.

C. On July 1, 2010, the Plaintiff commenced the instant construction and completed the instant construction on November 30, 2010, and delivered the building to the Defendant (hereinafter “instant building”). The Defendant on December 23, 2010.

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