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(영문) 서울중앙지방법원 2016.11.23 2014가합576830
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 114,371,849 to the Plaintiff (Counterclaim Defendant) and its related amount from November 3, 2016 to November 23, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 23, 2012, the Plaintiff received a new construction of Jongno-gu Seoul Metropolitan Government Ground B Housing (hereinafter “instant building”) from the Defendant.

B. Details of the above contract for construction works are as follows:

B

C. On November 22, 2013, the instant building obtained approval from the head of the Gu by the head of the Gu.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 (the same as Eul evidence 7), Eul evidence 1-2, the purport of the whole pleadings

2. Grounds for a principal lawsuit and a counterclaim;

(a) Main suit: to seek payment of KRW 300,00,000 for the unpaid construction cost of KRW 1,210,000 for the construction cost including value-added tax, KRW 122,312,230 for the additional construction cost due to the increase in volume, KRW 152,790,00 for the construction cost for the law and underground floor, and KRW 74,360 for the site management expenses and general management expenses that are additionally paid due to the extension of construction period, plus KRW 74,360 for the construction period, KRW 649,462,230 for the total of KRW 98,89,266 for the repair cost, etc., 50,562,964 for the construction cost.

B. Counterclaim: 400,836,524 won set off the Plaintiff’s claim for the payment of accrued construction price against the Defendant at KRW 535,836,524, which is the sum of KRW 535,836,524, which is the amount equivalent to the acquisition tax additionally borne by the Defendant due to the Plaintiff’s mistake as to the instant housing, which falls under the high-class house due to the Plaintiff’s mistake, as a substitute for defect repair, etc., and the amount equivalent to KRW 296,739,50,000, and the amount equivalent to the acquisition tax additionally borne by

3. Determination

A. Unpaid construction cost: 88,187,479 won (i.e., construction cost of KRW 1,100,000,000 - Mutual Aid KRW 101,812,521 - Amount of KRW 910,00,000) and KRW 1 value-added tax, comprehensively taking into account the overall purport of the pleadings, the statement attached to the written contract for the construction of the building of this case may be acknowledged as follows: “amount 1,102,89,971”, “Detailed Conditions V.A.T. separate”, and “5. Special Conditions for the Construction of the Building” as stated in the written contract for the construction of the building of this case. Accordingly, the amount of construction cost of KRW 1,100,000,000 under the written contract for the construction of the building of this case is stated as follows.

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