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(영문) 수원지방법원안산지원 2017.09.28 2016가합7699
손해배상(기)
Text

1. Of the counterclaims of the Defendant-Counterclaim Plaintiff, the part demanding KRW 54,587,020 shall be dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff and the defendant are corporations with the aim of civil engineering work, etc.

B. On April 20, 2015, the Plaintiff was awarded a contract with A to construct a “D” neighborhood living facilities (hereinafter “instant building”) with the size of two underground floors and seven floors above ground level on the ground and the ground level on the ground level.

C. On April 28, 2015, the Plaintiff and the Defendant fixed the file structure to support the file (PILE) of the instant building to the ground located below the land where the building is to be located by using the steering gear.

A contract was entered into with the Defendant to subcontract the construction cost of KRW 1,493,800,00 (including value-added tax).

On July 23, 2015, the Plaintiff and the Defendant are the public law that form a wall for soil prevention by cutting earth and sand plates made wood between the former H-PLE earth and so on (including value-added tax) and the former H-PLE earth files.

As a method of building earth walls by arranging SHE T-PLE with a link to SHE method, it is highly effective to a difference in water.

In other words, on July 30, 2015, the term of validity was changed from July 30, 2015 to August 30, 2015 (hereinafter “instant contract”). D.

Until November 2015 or December 2015, the installation of files of the instant building and the installation of soil against underground floors was completed.

On December 8, 2016, there was an adjustment between the Plaintiff and the Defendant that the Plaintiff paid KRW 550,000,000 to the Defendant out of the construction cost under the instant contract in the Suwon District Court case 2016Gahap292, etc.

During the period from January 2016 to October 201 of the same year, the Plaintiff directly paid KRW 244,649,900 for the total construction cost of the sub-subcontracts who received part of the construction work from the Defendant among the construction works under the instant contract.

[Ground of recognition] dispute.

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