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(영문) 수원지방법원성남지원 2015.02.03 2014가합203164
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, and 5 and the purport of all pleadings:

On May 15, 2013, the Plaintiff entered into a construction contract with the Defendant to receive a contract for construction works for Pyeongtaek-si and one parcel of land, other than Pyeongtaek-si and multi-household housing construction (hereinafter “instant construction works”). However, the Plaintiff set the construction cost of KRW 860,00,000, and the construction period from May 27, 2013 to October 27, 2013, respectively.

(hereinafter “instant construction contract”). B.

From May 23, 2013 to December 26, 2013, the Defendant paid the Plaintiff KRW 530,000,000, in total, as a construction price, over ten times from May 23, 2013.

C. On February 24, 2014, the Plaintiff and the Defendant drafted an agreement on the remainder payment of the instant construction contract (hereinafter “instant agreement”) and the main contents are as follows.

The truster of the contract (A): The truster of the defendant (B) agree to the payment method in the course of the transfer and acquisition of the building on the ground outside Pyeongtaek-si C and one parcel between the above parties, as follows:

The Defendant’s balance to be paid to the Plaintiff shall be KRW 356,00,000,000, plus KRW 26,000,000,00,000, for additional file creation costs.

However, the defendant and the plaintiff shall pay the withholding amount and the deduction amount as follows:

- - [Amount withheld to 62,500,000] The Defendant must calculate and withhold the costs of non-construction and non-installationd installations ( home appliances and furniture) to the Plaintiff as follows, and pay to the Plaintiff within 48 hours after the completion of construction and installation:

1. Unexecution portion: 20,000,000 won; and

(b) Guarantee money for defect repairs (payment after one year): 10,000,000 won; and

2. Uninstallered articles ( home appliances and furniture): 42,500,000 won; and

G. Various unpaid public charges following the progress of construction: 5,00,000 won [the plaintiff shall be deemed to be a clerical error in the amount deducted as KRW 55,00,000,000] to the defendant.

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