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(영문) 수원지방법원 2016.12.01 2016가단504960
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 8,303,000 and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On April 2015, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted the Plaintiff with landscaping stone piling up and construction work for the land D at the time of Jinjin-si (hereinafter “instant construction work”) to KRW 26,068,00 (=266m2 x 98,000).

Defendant C (A contract) has jointly and severally guaranteed the obligation of the Defendant Company to the Plaintiff according to the above contract.

[Ground of recognition] Facts without dispute, Gap 1 and 2's statements, the summary of the parties' arguments as to the main lawsuit as to the main lawsuit as a whole, and the plaintiff 1's remaining construction works except for the Yeongdeungpo Hong and wild flowers during the construction of this case.

The fact that the depth of the Simsan red and wild flowers has not been completed is due to the fact that the Defendants, following the Defendants, requested the postponement of planting on the grounds of field conditions, and thus, the Simsan red and wild flowers prepared in advance by the Plaintiff was dead above the 2015, and thus, the Defendants should also pay the price.

② The Defendants paid user fees on behalf of the Plaintiff, or carried in excessive soil by the Plaintiff, thereby causing no damage to the Defendants.

The Defendants are obligated to pay the remaining construction cost of KRW 11,068,00 (=26,068,000 - KRW 15,000,000).

① The Plaintiff did not perform construction work equivalent to the sum of KRW 2,850,000 among the instant construction works (i.e., the amount of KRW 2,00,000,000, which was less than the amount of KRW 2,850,000, which was less than the amount of KRW 2,850,000.

② A total of KRW 17,415,000 in the construction cost to be paid to the Plaintiff (i.e., KRW 15,600,000 in the total amount paid (i.e., KRW 165,00 in the total amount paid) shall be deducted from or offset against the cost of removal of soil brought in by the Plaintiff in excess of KRW 550,00 in the amount of KRW 1,10,000 in the amount paid.

The judgment as to the claim of the principal claim is based on each of the following images: (a) No. 1 to No. 3 (including a Serial number), and No. 1 to No. 4, respectively, the obligation to pay the remainder of the construction cost, excluding the Young Hong and the wild flowers (with serial number) among the instant construction works.

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