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(영문) 대구지방법원 2016.01.15 2013가합8056
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 119,813,11 to the Plaintiff (Counterclaim Defendant) and its related amount from August 27, 2013 to January 15, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From September 201, the Defendant run the construction work of a multi-purpose apartment (hereinafter “instant multi-purpose apartment construction work”) on the ground of the land outside 902-37 and two lots of land in Mapo-si, Mapo-si, Mapo-si, Mapo-si (hereinafter “instant multi-purpose apartment construction work”).

B. On February 27, 2012, the Plaintiff submitted a construction statement to the Defendant on the ground that he/she would perform internal and external works, such as wooden works, Changho construction works, and front works, among the construction works of the instant main apartment complex.

C. Accordingly, on February 28, 2012, the Defendant concluded a construction contract with respect to the construction cost of KRW 924,000,000 as the interior works of the Plaintiff and the instant main apartment construction works with respect to the entirety of the indoor interior interior interior works and the entirety of the outer construction works (hereinafter “instant construction works”) as the interior works among the instant main apartment construction works (hereinafter “instant construction works”). Of the construction cost, the Defendant was paid KRW 50,000,000 as the payment for the construction cost, and the remainder of KRW 374,00,000 as the price for the construction work amount of KRW 50,000 (No. 502 and 602 of the new construction building).

On September 28, 2012, the Plaintiff reversed the part of the said goods payment agreement with the Defendant, and agreed to pay KRW 374,000,000 in cash, with the Plaintiff to bear the real estate brokerage commission when selling the said goods in units under the above 502 and 602.

The Plaintiff completed the instant construction, and the Defendant sold 602 of the main apartment of this case newly constructed, and disbursed KRW 2,000,000 as a brokerage commission on May 31, 2013.

【Unsatisfy-founded facts, Gap 1, 2, 4 evidence, Eul 1, 2, 3, 12 evidence, and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion of the Plaintiff and the Defendant’s total construction cost agreed upon is KRW 928,50,000, including the additional construction cost, and the part of the construction cost equivalent to double KRW 163,784,000 was carried out by the Defendant. The remainder was completed by the Plaintiff. The Plaintiff’s total construction cost from the Defendant was 615,32.

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