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(영문) 광주지방법원 2017.09.08 2016가합51936
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 951,335,00 with full payment from March 24, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 10, 2014, the Plaintiff contracted for the construction period of reinforced concrete construction (hereinafter “instant construction”) among the said construction works from December 10, 2014 to June 30, 2015, at a district comprehensive construction company (hereinafter “district unit construction”) that supplied “B” on the Nam-gu Seoul Special Metropolitan City and seven parcels, which was ordered by the Defendant, determined the construction period as KRW 3,162,00,000 of the construction cost, from December 10 to June 30, 2015.

Since then, on June 30, 2015, the Plaintiff and Magsan concluded a modified contract for the said subcontract, and changed the construction period from December 10, 2014 to October 15, 2015 respectively, and the construction amount to KRW 3,482,00,000.

(hereinafter referred to as the “instant subcontract agreement”). B.

On December 10, 2014, the Plaintiff, the Defendant, and the Plaintiff drafted a written consent for direct payment of subcontract consideration that the Plaintiff shall pay the subcontract consideration to the Plaintiff directly to the Plaintiff according to the instant contract.

C. From December 10, 2014, the Plaintiff continued the instant construction and recorded approximately 93.4% of the base rate until September 31, 2015, and up to September 31, 2015, the Plaintiff filed a claim for the payment for the completed portion of KRW 3,087,00,000 in total on the district-type case up to nine occasions.

On November 13, 2015, the Plaintiff and Cho Jong-sung agreed to adjust the construction cost under the instant contract to KRW 3,240,000,000. Of them, with respect to KRW 1,840,000,000, which is the amount for the Plaintiff’s progress payment, the Plaintiff shall be limited to KRW 1,400,000,000, which is the remainder of the amount for which the Plaintiff shall receive the remainder of the amount for which the Plaintiff shall be paid until November 1, 2015, KRW 300,000,000, until December 15, 2015, and KRW 300,000,000, which is the amount for which the Plaintiff shall be paid until February 15, 2016 (hereinafter “the instant agreement”).

E. On May 3, 2016, the Plaintiff was paid KRW 400,000,000, out of the paid construction payment of KRW 1,400,000,00 with respect to the land species by this Court No. 2016,53468, May 3, 2016.

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