logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.11.07 2011가합5402
공사대금등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 192,276,223 to the Plaintiff (Counterclaim Defendant) and its related amount from May 19, 201 to November 7, 2013.

Reasons

1. Basic facts

A. On April 5, 2010, the Defendant entered into a contract with the Plaintiff on April 5, 2010, with respect to construction cost of USD 1980,00 (including customs duties, separate value-added tax, hereinafter referred to as “U.S.”) among the new construction works of Cambodia (hereinafter “instant construction works”) and entered into a contract with the Plaintiff from March 23, 2010 to February 15, 2011.

B. On June 1, 2010, the Defendant supplied the Plaintiff with the goods necessary for the instant construction work (Aluminium, etc.), but entered into a contract for goods supply with the content that the price of the goods would be offset against the construction cost of the instant case.

(hereinafter “instant commodity supply contract”). C.

The Plaintiff discontinued the instant subcontract on April 201, and the Defendant notified the Plaintiff on April 15, 201 that the instant subcontract was terminated due to the delay, etc. of the instant construction.

After that, the Defendant completed the instant construction work on May 30, 201 by directly performing the remaining construction works.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, Eul evidence 1-1, 1-2, Eul's testimony, Eul's witness C's testimony, witness D's partial testimony, and the purport of whole pleadings

2. The parties' assertion

A. (1) The Plaintiff’s assertion (1) discontinued the instant construction work because the Defendant obstructed the progress of the instant construction work and did not pay the instant construction cost. Until the discontinuance of construction work, the original construction, alteration and reconstruction, and additional construction are USD 2,344,43.46, which the Plaintiff executed, and only USD 1,823,042.86 and KRW 50 million were paid from the Defendant, and the Defendant unfairly deducted USD 35,530.91 from the Defendant’s expense.

Therefore, the Defendant deducted USD 1,823,042.86 from USD 2,34,43.46 to USD 1,823,042.86, and USD 44,646.84 (in March 23, 2011, converted to the exchange rate as of March 23, 201, which received KRW 50 million) from the Plaintiff, and deducted unfairly 35,530.91.

arrow