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(영문) 의정부지방법원 2021.01.20 2018가합1381
공사대금
Text

1. Of the principal lawsuit against the Plaintiff (Counterclaim Defendant), 30,574,778 won among the principal lawsuit against the Defendant and the part claiming damages for delay.

Reasons

1. Basic facts shall be deemed to be the principal lawsuit, counterclaim and application for intervention in succession;

A. On February 29, 2016, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant with the contract amount of KRW 1,575,00,00 (including value added tax; hereinafter the same shall apply) for the construction of the new construction of the Dobong-gu Seoul Metropolitan Government and multi-household housing on the ground (hereinafter “instant building”) (hereinafter “instant construction”) (hereinafter “instant construction”), seven months from the commencement date of the construction, and 1/1,000 of the contract amount per day of delay reward rate of KRW 1,50.

2) After the instant construction contract was finally changed on March 30, 2017 through a multiple changes contract, by April 12, 2017, the contract amount of KRW 2,075,000,000, and by April 12, 2017 following the receipt of completion documents (hereinafter “the instant construction contract”). The Plaintiff and the Defendant drafted a so-called “contract” in which the amount of the construction contract was changed to KRW 4,50,000 per day (2/1,000 of the contract amount) to compensate for the Defendant’s losses through tax benefits, etc. in the process of concluding the modified contract as above (i.e., taking tax benefits). The Plaintiff and the Defendant drafted a contract amount of KRW 2,357,580,000 (i.e., approximately KRW 2,075,000 of the fixed contract amount, KRW 132,50,000,000 for the Defendant.

B. On May 17, 2017, the Plaintiff received the completion documents from the Dobong-gu Seoul Office on May 17, 201, and approved the use of the instant building on May 29, 2017.

2) As shown in the attached Table [Attachment], the Defendant paid the Plaintiff KRW 2,197,316,88 of the instant construction cost (i.e., KRW 1,716,071,048 of the construction cost paid by F to the Plaintiff directly by the Defendant for the construction cost of KRW 306,00,000,000 that the Defendant paid to the subcontractor directly. The Plaintiff returned KRW 180,000 of the construction cost to the Defendant for the period from September 2, 2016 to December 2, 2016.

(c)

1) After the lapse of the relevant criminal case, G, the actual main owner of the building of this case, which is the Defendant’s husband’s interest, is the Plaintiff.

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