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(영문) 제주지방법원 2015.07.16 2012가합2794
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 73,100,000 with full payment from May 2, 2012.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 20, 201, the Plaintiff concluded a construction contract with the Defendant for the construction of 2 Dongs (A Dong and B Dong; hereinafter “instant building”) on the land owned by the Defendant (hereinafter “instant construction contract”) between the Defendant and the construction cost of KRW 560 million and the construction period from January 20, 2011 to July 20, 201.

B. The instant building was approved for use on August 30, 201 and September 7, 2011, and the Plaintiff received the construction price of KRW 528 million in total from April 27, 2011 to July 15, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 6 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is the cause of the principal claim, and the part of the contract price of this case is KRW 32 million (i.e., KRW 560,000,000 under the contract price - KRW 528,000,000 under the contract price) and the additional construction cost of KRW 728,00,000,000 which was not paid (= KRW 32,000,000) and damages for delay are claimed.

B. The defendant alleged a counterclaim. The defendant alleged that the construction cost of repairing or constructing the non-execution or non-execution part of the instant construction work according to the original design drawing was required to be KRW 191,548,00 (see evidence No. 5, e., evidence No. 191,548,00). The above appraisal was not included in the above appraisal, but after adding the construction cost of KRW 12,174,00,00, which is the non-execution part, to KRW 171,72,72,000, excluding the remainder of the construction cost that the defendant did not pay (i.e., KRW 191,548,000, KRW 12,174,000, KRW 32,000) and damages for delay.

3. Determination

A. The fact that the Plaintiff received only KRW 528 million out of the construction cost of this case agreed by the Defendant, which was 560 million, as to the Plaintiff’s claim of principal lawsuit, from the Defendant.

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