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(영문) 서울남부지방법원 2016.01.15 2015가합102904
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall be 382,420.420.

Reasons

1. Basic facts

A. A. Around June 25, 2013, the Defendant entered into a contract on the construction of the 5th underground or the 16th floor residential complex facilities (hereinafter “instant building”) in Eunpyeong-gu Seoul, under which the Defendant entered into a contract to subcontract the construction of the 1,690,600,000 won (including value-added tax) among the new construction works of the 5th underground or the 16th floor residential complex facilities (hereinafter “instant building”).

UWnB performed the basic construction among the instant buildings, and the steel and concrete construction of the 3,4, and5 floors underground, and concluded on November 11, 2013 that the Defendant would no longer proceed with the remaining construction.

B. On November 11, 2013, the Defendant entered into a contract with the Plaintiff on the part of steel and concrete construction works for the aggregate of the contract amounts of KRW 1,155,60,000 (including value-added tax) from the second to the 16th floor above the instant building and the rooftop, and the construction period from November 11, 2013 to April 30, 2014. On November 21, 2013, the Defendant entered into a contract with the Plaintiff to change the construction period from November 21, 2013 to November 21, 2013, and the completion date from April 30, 2014 to July 5, 2014.

(As above, the steel and concrete construction works agreed upon by the Plaintiff shall be referred to as the “instant construction works,” and the contents of the relevant construction contracts and amendments shall be referred to as the “instant construction contract”).

From December 13, 2013 to June 30, 2014, the Defendant paid the Plaintiff a total of KRW 1,485,000,000 to the Plaintiff, as shown in the following [Attachment 1].

The amount paid by the sequence 300,00,000 on December 13, 2013 on April 22, 2014; 5,000,00 on April 22, 2014; 5,000,00 on May 25, 2014; 3,000,00 on May 24, 2014; 160,000,00 on May 20, 2014; 16,00,000,00 on May 16, 20, 200, 16,000,00 on May 16, 200, 200, 16,000 on May 16, 200, 200, 16,000 on June 60, 2004; 10,000 on May 26, 2014

D. The Defendant’s transfer from June 2013 to November 2014.

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