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(영문) 광주지방법원 2019.02.20 2017나4269
공사대금반환
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim extended by this court and the Defendant (Counterclaim Plaintiff)’s counterclaim reduced.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 27, 2015, the Defendant asserted that the Plaintiff, who runs a construction business under the trade name “D”, alleged that the construction cost of the F Building Building Construction Works in the name of the Defendant on the ground, including Gwangju-gu, Nam-gu, etc. (hereinafter “instant construction”) was KRW 63,000,000 at the time of the instant contract, or that the Plaintiff was KRW 60,000,000, or that the said construction cost was KRW 60,000 at the time of the instant contract, but the evidence submitted by the Plaintiff alone is difficult to recognize.

On September 30, 2015, the construction period of construction entered into a contract providing for the contract (hereinafter “instant contract”) (hereinafter “instant contract”). The main agreement of the instant contract is as follows.

1) 공사범위 알미늄 샷시 : 제품 재질, 사양 및 규격은 설계도면 창호도를 기준으로 하며 케이에스(KS) 규격의 동양알루미늄 바를 사용한다. 유리 : 복층유리 22mm 및 강화유리를 사용한다. 3) 공사대금 지급 계약금 20,000,000원 : 계약 체결시 지급한다.

An intermediate payment of KRW 15,00,000: At least 70% of the progress of the construction work shall be paid.

Balance 18,000,000 won: It shall be paid when the submission of all the documents and the inspection is completed after the completion of construction.

Matters of special agreement

1. 1층 전후면 스테인레스 점포 샷시 제작은 갑이 추후 지정한다.

1.The size of quantity shall be adjusted later;

B. The Defendant paid 30,000,000 won to the Plaintiff as part of the down payment and intermediate payment of the instant construction cost.

C. The Plaintiff terminated the last process of the instant construction that was contracted by the Defendant on February 2016, and the Defendant completed the inspection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7, 8, 11, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff completed the process of the instant construction and completed the inspection by the Defendant, and the fact that the Defendant paid KRW 30,000,000 among the construction cost of the instant case of KRW 53,00,000 is as seen earlier, and appraiser G on August 6, 2018.

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