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(영문) 광주지방법원 2017.10.26 2016가합56283
공사대금
Text

1. The Defendant (Counterclaim Defendant) shall respectively bear KRW 95,864,727 against the Plaintiff (Counterclaim Defendant) Company A, and KRW 55,00,000 against the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. (1) Around March 2014, the Defendant was awarded a contract for the installation of the installation of the solar power plant (hereinafter “instant solar power plant”) located in the Seoul Agricultural Association Corporation (hereinafter “C”).

(2) The solar power plant in this case consists of 12 dongs and 1 electricity rooms located in Jeonnam-gun, Jeonnam-gun, and 9 dongs and 9 dongs located in E (E site).

B. (1) On August 7, 2014, the Defendant and the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into a contract with the Plaintiff on the terms and conditions that the Defendant would subcontract the construction cost of KRW 187,000,000 (including value-added tax; hereinafter the same shall apply) and the construction period from August 12, 2014 to October 10, 2014 (hereinafter “instant subcontract”).

(2) On October 8, 2014, the Defendant and the Plaintiff A delayed the completion date of the instant subcontract from October 10, 2014 to November 30, 2014; and around December 29, 2014, the construction cost of the instant subcontract was increased from KRW 187,00,000 to KRW 583,00,000.

C. The Defendant paid the Plaintiff a total of KRW 737,00,000 as stated in the following table for the construction cost of the instant case.

On August 8, 2014, 37,40,400 advance payment: (a) 10,400,400,4000,000 on September 5, 2014; (b) 28,60,700,700,700,000 progress payment on September 30, 2014; (c) 7,000,7,000,700,7,000,70,000,000 on October 24, 2014; and (d) 7,00,00,000,000,000,000 on October 24, 2014; and (e) 7,00,000,000,0000 for progress payment on September 5, 200, 2005; and (e) 10,005,000 portion for progress payment on September 13, 14, 2000.

D. (1) On April 27, 2015, Plaintiff A was melted in the instant construction work.

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