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(영문) 수원지방법원 2019.04.24 2018가합13137
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) 77,387.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 through 3, and evidence 7, and purport of the whole pleadings);

A. The Plaintiff is a person engaged in the manufacturing industry, such as industrial machinery, under the trade name of “C,” and the Defendant is a company engaged in the manufacturing and selling of communications equipment and parts.

B. On March 9, 2016, the Plaintiff entered into a contract with the Defendant and the Defendant’s factory’s gold room (hereinafter “instant gold room”) with the price of KRW 210,00,00 (excluding value-added tax) to install the gold facilities of the instant gold pool at KRW 210,000 (hereinafter “instant gold facilities”) and thereafter completed the instant gold pool facilities.

C. On May 17, 2016, the Plaintiff entered into a contract with the Defendant and the Defendant’s factory for the establishment of the virtue and screener (environmental facility separate from value-added tax) of KRW 86,00,000 (value-added tax) by June 30, 2016 (hereinafter “second contract”), and completed the said facility thereafter.

However, at around 12:48, June 12, 2016, a fire (hereinafter “instant fire”) occurred in the instant gold room, and the machinery, walls, roof, inventory assets, etc., such as the instant gold equipment, were destroyed.

E. On August 9, 2016, the Plaintiff entered into a contract with the Defendant to re-establish the same facility as the instant gold equipment at KRW 155,00,000 (excluding value-added tax) by September 31, 2016 (hereinafter “third contract”), and subsequently completed the said facility.

2. Determination

A. As seen earlier, the Plaintiff completed all the facilities agreed upon after concluding a contract with the Defendant after concluding a contract with the Defendant, barring any special circumstance, the Defendant, barring any special circumstance, calculated by deducting KRW 162,420,00,00 for the Plaintiff, which was paid by the Defendant, from KRW 265,10,000 for the total construction cost under the contract with the Defendant ( KRW 15,500,000 for KRW 86 million) x 1.1,680,00 for the Plaintiff, including value-added tax, 162,420,420,00 for the Plaintiff who was paid by the Defendant, and KRW 162,680,00 for the Plaintiff, including value-added tax, - KRW 162,680,00 for the Plaintiff.

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