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(영문) 수원지방법원안산지원 2016.12.22 2015가합24345
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 66,00,000 and its amount from December 2, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On September 16, 2010, the Defendants concluded the interior construction contract (hereinafter “instant construction contract”) with the Plaintiffs on the third floor of the building located in Ansan-gu E (hereinafter “instant building”) under the following terms, in order to open the hospital.

[The instant construction contract]

2. Construction amount: 697,000,000 won (including value-added tax);

3. Period of construction: From September 2010 to September 2010 (60 days from the date following permission to alter the purpose of the object is granted).

4. The payment method of the construction cost: All the construction cost shall be paid in cash.

1) Contract deposit: 20,000 won ( September 17, 2010): 135,000,000 won ( September 28, 2010) first intermediate payment: 15,000,000 won ( October 13, 2010): 15,000 won ( October 13, 2010) second intermediate payment: 15,000,000 won ( October 28, 2010) 5) third intermediate payment: 162,00,000,000 won ( November 13, 2010): 70,000,000 won (registration date after the alteration of use is completed)

5.1 All other matters are limited to the internal works by estimate. 2) The Corporation shall, by means of an additional estimate of the plaintiffs, determine by consultation with the defendants.

3) All the relationship with the owner of the building during the construction period is agreed upon by the Defendants. However, at the request of the Defendants, the Plaintiffs may act on behalf of the Plaintiffs. 4) After the completion of the construction, the Plaintiffs are responsible for repairing defects for 12 months

9) The construction completion date of the Plaintiffs is based on the date of approval for the change of the purpose of use (construction). The Plaintiffs completed the instant construction on January 3, 201, and obtained approval for the change of the purpose of use to medical facilities (a hospital) on the same day, and the Defendants established a hospital around that time. The Defendants did not pay the Plaintiffs KRW 66,00,000 out of the balance of the construction cost [based on recognition], and there is no dispute over the Defendants’ evidence 2 (including a provisional number; hereinafter the same shall apply).

written evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The facts of the above recognition as to the principal claim.

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