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(영문) 서울중앙지방법원 2019.05.21 2017가단5158699
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 10,00,000 as well as its full payment from June 28, 2018.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

(a) C (mutual: D) on June 2, 2017, the Defendant was awarded a contract for construction works, such as steel bars and printing teams, from among the new construction works of the ground manufacturing center in the Cheongju-si E-Si, Cheongju-si, and the construction period from June 5, 2017 to July 6, 2017.

(hereinafter “instant one contract”). B.

After that, while accepting the instant contract from the Defendant as it is, the Plaintiff (F) was awarded a contract from the Defendant to the period from June 5, 2017 to July 31, 2017, with a total of KRW 170,000,000, including the instant one contract, and the period of construction fixed from June 5, 2017 to July 31, 2017.

(hereinafter “instant two contracts”). C.

C and the Plaintiff completed the construction of the foundation and steel frame and the construction of the steel frame in the instant construction from June 5, 2017 to July 24, 2017. The Defendant paid KRW 81,00,000 to C and the Plaintiff by July 24, 2017, according to the base rate.

On July 24, 2017, the Defendant notified the Plaintiff of the cancellation of the instant two contract, on the ground that “Around July 24, 2017, the Defendant: (a) used low-level construction materials that do not meet the standards; (b) made them differently from the design drawings to the extent that H-BAM (structure) cannot be installed at the site; and (c) received a diagnosis that retaining wall may collapse due to continuous costs, but does not take any particular measures, such as filling, etc.”

E. Meanwhile, around July 17, 2017, before the Defendant notified the termination of the instant two contract, the Plaintiff prepared and issued to the Defendant a written agreement stating that “H-BAM (structure) was produced differently from the design drawing, and the amount corresponding thereto was returned to the Defendant again (hereinafter “instant agreement”).”

(hereinafter referred to as "the return agreement of this case" is recognized.

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