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(영문) 수원지방법원 2015.07.06 2014가합3859
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,687,500 to the Plaintiff (Counterclaim Defendant) and its related amount from March 25, 2014 to July 6, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On August 27, 2012, the Plaintiff agreed to pay the contract amount of KRW 990,000,000 (including value-added tax; hereinafter the same shall apply) for the extension of the indoor golf practice range A in Suwon-gu, Suwon-si (hereinafter “instant construction”) and the last progress payment after the approval for use.

B. On December 20, 2012, the Plaintiff entered into a contract with the Defendant for the contract amounting to KRW 132,000,000 (hereinafter “instant secondary contract”) as a result of the modification of design by adding one story of a building thereafter, and agreed to pay the said construction cost after the extension of the fourth floor.

C. In the process of performing the instant construction, the Plaintiff and the Defendant continued to settle the portion of the instant construction work after further settlement of the said portion.

(hereinafter referred to as the “Additional Construction Contract”). The construction cost for the said additional construction portion reaches KRW 139,260,000.

On the other hand, the Plaintiff did not perform some of the construction works, such as temporary office and electric water supply, included in the instant 1 and 2 contracts. The construction cost corresponding to the non-construction portion is KRW 21,241,00.

E. The Plaintiff, on behalf of the Defendant, bears the burden of KRW 1,314,50 as cadastral survey costs.

[Attachment 1] The construction cost of the subcontractor 6,265,00 won for 2 B human resources of 6,265,000 won for 3,839,000 won for 4 C Construction Co., Ltd. 38,236,000 won for 5D Construction failure 6,920,000 won for 6 E-type 6 E-type 1,400,000 won for 7 E-type 1,40,000 won for 19,506,000 excellent pipes

F. The Defendant paid the Plaintiff KRW 982,00,000 as the construction price, and the Plaintiff paid some of the instant construction works as indicated in the following table.

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