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(영문) 서울중앙지방법원 2020.11.25 2019가합42387
공사대금
Text

1. The counterclaim Defendant: 339,596,304 won to the counterclaim and 6% per annum from November 4, 2018 to January 16, 2019.

Reasons

1. Basic facts

A. On June 2018, the Counterclaim submitted a written estimate stating the construction cost of KRW 813,00,000 (excluding value-added tax) to the counterclaim Defendant who intends to operate the Michuhol-gu Incheon Metropolitan Factory Complex Art. (hereinafter “the instant interior works”). After consultation with the counterclaim Defendant, the design drawings for the said construction works were modified over 12 times and the final determination was made on September 19, 2018.

B. From September 30, 2018 to October 31, 2018, the construction period of which is KRW 1,100,000,000 (including value-added tax; hereinafter the same shall apply) among the construction amount, the advance payment of KRW 440,00,000 among the construction amount was completed on two days from the contract date, and the remainder of KRW 660,000,000 among the construction amount was to be paid within three days from the construction completion date, only two cases was completed on September 10, 2018 and September 29, 2018, respectively.

(hereinafter referred to as the “instant contract,” and the contract under the content of the instant contract is deemed to be the “instant contract”).

On September 12, 2018, the counterclaim Defendant paid to the Counterclaim Plaintiff KRW 440,00,000, KRW 220,000,000 on November 6, 2018, and KRW 26,730,000 on November 12, 2018 (= KRW 440,000 + KRW 220,000,000 + KRW 26,730,000 on November 12, 2018).

The counterclaim Defendant filed a lawsuit to confirm the existence of an obligation with respect to the instant contract against the counterclaim Defendant to the Seoul Central District Court (Seoul Central District Court 2018Gahap5467) on September 23, 2020, seeking confirmation that the obligation related to the instant contract does not exceed KRW 440,000,000, but withdrawn from the date of pleading on September 23, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 7, the purport of the whole pleadings

2. Determination:

A. On October 31, 2018, the Plaintiff asserted against the Counterclaim Plaintiff, the instant construction was completed, and the Defendant against the Counterclaim.

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