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(영문) 대전지방법원 2015.10.08 2014가단48207
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Around January 2012, the Plaintiff entered into a construction contract with the Defendant by stipulating that the construction cost of KRW 47,000,000 shall be paid after completion of the construction work with respect to C, D, and E (hereinafter “instant construction”).

B. From February 2012, the Plaintiff started and completed the instant construction work on April 2012.

C. The Defendant paid to the Plaintiff the sum of KRW 15,00,000 as follows, and on April 20, 2012, the Defendant prepared and delivered a loan certificate (Evidence 1) to pay the remainder of KRW 32,000,000 to the Plaintiff by December 30, 2012.

5,000,000 won on April 3, 2012 April 18, 2012

D. On April 26, 2012, the Defendant paid to the Plaintiff the remainder of KRW 25,000,000,000, out of the remainder of KRW 32,000,000. At the Plaintiff’s request, the Defendant agreed to increase the construction cost in KRW 5,00,000, the construction cost of the instant construction became the total of KRW 52,000,000.

E. On August 31, 2012, the Defendant paid KRW 20 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Defendant paid only KRW 20,00,000 among the construction cost of the instant construction to the Plaintiff, and paid the remainder of KRW 32,00,000 to the Plaintiff. The Defendant paid KRW 14,360,000 in total due to the payment method of the remainder of the construction. As such, the Plaintiff is obligated to pay KRW 15,640,000 in addition to the construction cost of the instant construction, the Plaintiff made an oral contract for the additional construction cost of KRW 15,00,000 in relation to the instant construction cost, and accordingly, sought the payment.

3) The Plaintiff loaned KRW 20,000,000 to the Defendant on August 31, 201, and KRW 5,000,000 to February 9, 2012, and accordingly, sought payment. (B) According to the above facts acknowledged as to the repayment of the construction cost, the Defendant paid the Plaintiff the construction cost of KRW 52,00,000,00 in full.

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