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(영문) 대구지방법원 2017.02.17 2015가합200146
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 26,957,118 to the Plaintiff (Counterclaim Defendant) and its related expenses from January 29, 2015 to February 17, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 3, 2013, the Plaintiff entered into a contract with the Defendant for the construction of a multi-household house (hereinafter “instant building”) on the ground of Jeju-si B (hereinafter “instant land”) (hereinafter “instant construction”) (hereinafter “instant construction”) with the Defendant to supply and demand the construction cost of KRW 500,00,000 (including value-added tax) and September 9, 2013 on the scheduled completion date of construction works.

(hereinafter “instant contract”). (b)

After completing the instant construction, the Plaintiff obtained approval for the use of the instant building on April 23, 2014, and then delivered the instant building to the Defendant at that time. The Defendant directly paid KRW 250,000,000 to the Plaintiff for the construction cost under the instant contract, and KRW 12,90,000 to the subcontractor of the instant construction (= KRW 7,400,000 for non-establishment and dismantling work and KRW 5,50,000 for the instant construction) respectively, and the Defendant, on behalf of the Plaintiff, paid on behalf of the Plaintiff the amount equivalent to KRW 94,970 for the electric utility fee of the instant construction.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 3

2. The summary of the principal lawsuit and the counterclaim claim and the judgment thereon

A. The main claim (1) The plaintiff completed the construction of this case. The plaintiff filed a claim for the remaining construction cost of KRW 237,100,000,000 after deducting the amount of KRW 250,000 paid to the defendant and KRW 12,90,000 paid to the subcontractor by the defendant, and damages for delay.

(2) The counterclaim Defendant paid 250,000,000 won directly to the Plaintiff and 280,321,160 won to the subcontractor, thereby in excess of the construction cost under the contract of this case. The Defendant paid 94,970 won for the Plaintiff’s construction work of this case on behalf of the Plaintiff, and the Defendant paid 21,612,970 won for the delay of the construction work of this case, as well as 22,727,273 won due to the Plaintiff’s non-issuance of the tax invoice, and each loss was incurred for defect repair.

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