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Reasons
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(영문) 부산지방법원 2017.11.22 2016가합2096
공사대금 등
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1. The Defendant (Counterclaim Plaintiff) paid KRW 262,704,230 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 2015 to November 22, 2017.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The Plaintiff is a company running a housing construction business, etc., and Nonparty C is the actual operator of the Plaintiff, and the Defendant is the owner of the new construction of the building D apartment and officetel in Ulsan-gun, Ulsan-gun (hereinafter “instant building”).

B. On August 8, 2014, the Defendant entered into a contract on construction with Nonparty A Co., Ltd. for the construction of the instant building by setting the construction cost of KRW 3,085,632,376 (including value-added tax) and the construction period from August 8, 2014 to July 30, 2015.

C. On June 26, 2015, with respect to the new construction of the instant building, a construction contract written from the owner of the building, C, the construction cost of KRW 671,00,000 (excluding value-added tax) and from July 3, 2015 to November 3, 2015 (hereinafter “instant contract,” and the contract entered into under the said contract, “the instant contract,” and “the instant contract,” and “the instant contract,” and thereafter, the C and the Defendant agreed to change the contractor from C to the Plaintiff.

The main contents of the instant contract are as follows.

Details of the contract being executed in E.S. Construction

1. Alley;

2. Electricity and communications;

3. Equipment works:

4. Afforestation, scenic works, waterproofing, and painting;

5. Changhos, glass works;

6. tin works,

7.Stoning construction works;

8.Scorries:

9. The contractor must complete the following works with the remainder after subtracting the elevator: 671,000,000 won:

-Ar -

1. Scope of construction: Standards for the interior of a living room wooden construction, painting, decoration, scambling, strawing room, studio, attached studs, roof-type objects, painting construction, landscaping, other miscellaneous construction, and special agreement on cleaning the floor of the parking lot and completion of construction;

2. At the same time, the Defendant has contributed to the completion of the main work to the contractor at the same time as the main work is completed.

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