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(영문) 서울남부지방법원 2017.09.28 2015가합111274
공사대금
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) paid KRW 97,807,812 to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

A. On August 29, 2013, the Defendant entered into a contract for construction works with C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) on the ground of Hongcheon-gun D, Hongcheon-do, for the construction cost of KRW 981,00,000 (including value-added tax) and for the construction period from September 2, 2013 to December 30, 2013.

▣ 이 사건 공사도급계약서(갑 제1호증의 2)

1. Name of the construction project: The construction project to extend the facilities B and the plant-related corporation;

2. Construction site: Hongcheon-gun, Gangwon-do.

3. Date of commencement: January 20, 2014.

4. Date scheduled for completion: April 20, 2014.

5. Contract amount: 441,450,000 won (including value-added tax);

7. Advance payments: 220,725,000 won (attached to written advance payments).

8. Amount completed: 50% at the time of the contract / 40% before completion / 10% after completion 11. : 100/1

B. When the contract was terminated without completion of construction work by C, the contractor of the said contract, the Defendant entered into a contract for construction work with the Plaintiff on January 17, 2014 (hereinafter “instant construction work”). Around January 17, 2014, the Defendant contracted the said construction work (hereinafter “instant construction work”).

(hereinafter “instant contract”). (c)

Around April 18, 2014, the Plaintiff and the Defendant extended the construction period from January 20, 2014 to June 18, 2014 (hereinafter “the first extension agreement”), and extended the second construction period to August 10, 2014 (hereinafter “the second extension agreement”). D. The Defendant paid to the Plaintiff KRW 220,725,00 as an advance payment on January 21, 2014, and paid KRW 88,00,000, KRW 40,000 to the Plaintiff and the Plaintiff did not complete the construction work by 348,725,000 on August 5, 2014 and the Plaintiff did not complete the construction work by 100,000 on August 18, 2014, the Plaintiff did not complete the construction work by 2018,000,000 won until August 14, 2014.

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