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(영문) 인천지방법원 2014.10.15 2014가합5643
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,990,553 to the Plaintiff (Counterclaim Defendant) and its amount from July 27, 2011 to April 8, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts mechanical equipment construction business, fire fighting business, etc., and the Defendant is a company that conducts construction business, civil engineering work business, etc.

B. On September 15, 2010, the Plaintiff concluded each construction contract (hereinafter “each of the instant construction contracts”) with the Defendant, under which the Defendant would receive a contract for respective fire extinguishing equipment works in the J area (hereinafter “H and J area”) from the Defendant, among the lease-type lease-lease projects of the Marine Corps Kimpo-Gun facilities (BTL), the machinery and equipment works in the J area (hereinafter “J area machinery and equipment works”), the H area (hereinafter “H and J area fire extinguishing equipment works”), and the H and J area (hereinafter “each of the instant construction works”).

J Area H, machinery and equipment work in H, J area, and fire extinguishing equipment work period from September 16, 201 to July 20, 201, KRW 799,480,000 (including value-added tax) totaling KRW 1,595,00,000 in total of KRW 84,040,000,000.

C. During the Plaintiff’s execution of each of the instant construction works, disputes arise with the Defendant to request adjustment of the contract amount due to price increase in raw materials, etc., and the construction work was suspended on March 21, 201. On April 21, 2011, the Defendant concluded each of the instant construction contracts with the Nonindicted Co., Ltd., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to contract each of the instant construction works as follows.

In the above construction contract, the defendant and the state-owned co-ownership agreed to the above construction contract that "The settlement of the construction work for the temporary construction in J region, the J region private restaurant construction, and the construction work for this construction shall be deducted at the time of payment for the completed portion by the defendant, the defendant, and the plaintiff."

Since then, the Jeju-do government completed each construction of this case.

J The fact that the construction period of H of H of the machinery and equipment work in H of H and J area was 87,150,000 won from March 10, 201 to June 30, 201 (including value-added tax) 788,70,700,000 won = 84,150,000 won in H area = 43,450,000 won in aggregate of KRW 40,70,000 in J of H area 40,760,000 [based on recognition] and there is no dispute.

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