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(영문) 의정부지방법원고양지원 2020.12.23 2020가단4174
공사대금
Text

1. Defendant (Counterclaim Plaintiff) D Co., Ltd.: (a) 20,951,640 won against the Plaintiff (Counterclaim Defendant) and its related amount from March 24, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a contractor awarded a contract for the instant construction work by Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Defendant Co. is a contractor who awarded a contract for the instant construction work to the Plaintiff, and Defendant E is the representative director of the Defendant Co., Ltd.

B. On September 18, 2018, the Plaintiff was awarded a contract with the Defendant Company for the malle and ston metrics Work (hereinafter “instant construction work”) among the F Multihousehold Construction Work in Eunpyeong-gu Seoul. The main terms of the contract are as follows:

(hereinafter “The instant construction contract”). From September 19, 2018 to October 15, 2018, the construction cost of KRW 46,300,400 - advance payment of KRW 10,000,00 may be paid within one day after entering into a contract - The items and quantity of paid materials that can increase or decrease the total amount by calculating the actual area of the site after the lease of the remainder within one day after the completion of the contract (payment with the first rent) - The items and quantity of the outer construction of the item - the total size, 80T heat, quantity (area) 659 square meters: 58,00,00 won for the external construction of the item - the supply price of KRW 38,22,00,00 for the unit price (area per piece) 58,222,00 for the external construction of the item - the external construction, size 40T fever, quantity (area of KRW 198,80,00 per square meter.

C. In the process of performing the instant construction project, the Plaintiff, in consultation with the Defendants, additionally carried out a spashing construction on the fourth-story housing of 64.31 square meters, separate from the instant construction project.

(hereinafter “instant additional construction”). D.

With respect to the instant construction cost, the Plaintiff received KRW 10,00,000,000 as advance payment from the Defendant Company on September 18, 2018, and KRW 13,009,000 as additional construction cost on November 5, 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 4, the purport of the whole pleading

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s summary of the claim 1 parties against the Defendant Company completed the instant construction project including the instant additional construction work, and the total amount of the construction cost.

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