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(영문) 제주지방법원 2019.01.17 2017가합465
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 166,50,000 and the same.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff and D’s contract for construction work 1) Plaintiff (the former trade name is “stock company E”.

) On June 24, 2013, Seopopo-si F (hereinafter “instant land”).

(2) D, on June 19, 2014, sold the instant land to the Defendant side at KRW 245 million. 2) On the same day, D, who was the owner of the instant land, was awarded a contract for the construction of an urban residential house to be implemented on the instant land, and as a result, D, on the same day, drafted an agreement with the Plaintiff to pay KRW 50 million to the Plaintiff KRW 80 million prior to the commencement of the construction work due to the destruction of the underground base of the instant land and KRW 80 million within a week after the completion of the construction.

D transferred 50 million won to the Plaintiff on June 23, 2014.

3) On February 2015, Defendant B prepared a written confirmation to the Plaintiff that “The construction cost of KRW 80,000,000 shall be paid in cash from March 31, 2015.” (B) The Plaintiff and the Defendants entered into a contract for construction works on June 12, 2015, with the Defendants (hereinafter “G”) on the instant land (hereinafter “instant construction works”) at the price of KRW 2.53 billion (excluding value-added tax, KRW 310,000,000), period from June 12, 2015 to April 30, 2016, the Plaintiff was awarded a contract for construction works on the instant land at the price of KRW 2.53 billion (hereinafter “instant construction works”).

2) On June 12, 2015, the Plaintiff drafted a receipt that received down payment of KRW 310 million from the Defendants. 3) On May 10, 2016, the Plaintiff and the Defendants drafted an agreement with the Defendants to directly perform landscaping, drawing, floor, singing, singing, gas and lighting, and creative construction among the instant construction works.

4) On July 15, 2016, the Defendants drafted a written confirmation to the Plaintiff that “(i) external stairs; (ii) the Defendants directly execute construction works without contract drawings; (iii) the drawing was exposed concrete construction works; but the changed part to tin construction works is directly executed by the Defendants.” (v) The Plaintiff on October 2016.

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