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(영문) 서울중앙지방법원 2014.07.17 2012가단136156
공사대금
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 37,300,000 to the Plaintiff (Counterclaim Defendant) and the amount from June 20, 2012 to July 17, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of tin construction business, etc., and the Defendant is the person placing an order for the new construction of Ya-gu party B B lending in Ansan-si (hereinafter “instant loan”) and the second-class party C’s new construction of Yasan-si party C’s member C (hereinafter “instant public notice center”).

B. Of the instant loan and the new construction works of the KON, tin Corporation was contracted and supplied by the Defendant and ceased due to the failure of the companies run by D.

C. After that, around December 201, the Plaintiff received a supply of stone construction from the Defendant for the instant loan and the KON, the construction of which was performed for a considerable portion of the construction work at the time. At the construction site of the KON, the Plaintiff was to use the stone as it is, because there were materials brought in by D.

On the end of December 201, the Plaintiff completed the instant tiny construction on the instant tiny, and on January 2012, the Plaintiff completed the instant tiny construction on the instant tiny.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including provisional number), Eul evidence 2 and 5, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion (i) around December 201, the Plaintiff agreed with the Defendant to submit a written estimate on the instant tiny loan amounting to KRW 7,000,000 (value-added tax separate) between the Plaintiff and the Defendant, and thereafter completed the said tiny construction on December 30, 2011.

B. At the request of the Defendant, on December 23, 2011, the Plaintiff agreed that the instant public notice board construction work shall be KRW 66,271,00 (excluding value-added tax), and the said construction work shall be set at KRW 6,58,00 for construction cost (excluding value-added tax) and the ceiling and external floor construction work shall be set at KRW 3,00,00 for construction cost (excluding value-added tax), and the said construction work shall be completed on January 21, 2012.

Then, the Plaintiff and the Defendant are the Kanman Construction Work as to the Kanman.

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