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(영문) 광주지방법원목포지원 2016.10.13 2013가합2240
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 391,582,839 to the Plaintiff (Counterclaim Defendant) and its related amount from September 16, 2013 to October 13, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 20, 201, the Defendant concluded a contract with the Plaintiff on June 20, 201, setting the construction cost of the construction work for the 25,080,000 construction period, and one percent of the construction cost per day from June 20, 2011 to June 20, 2013, with respect to the construction work for the apartment complex in Switzerland-gun located in 1577, Chungcheongnam-gu, Chungcheongnam-do, Seoul-do (hereinafter “instant apartment complex”).

(2) The Plaintiff and the Defendant agreed that the construction work price shall be paid to the Plaintiff at the rate of 30 days or more, and that the Plaintiff may immediately suspend the construction work without any separate notice to the Defendant when the Defendant delays the payment of the construction price at least once.

On June 20, 2011, the Plaintiff commenced the instant construction work.

B. On May 25, 2012, when the instant construction is underway, the Plaintiff and the Defendant concluded a contract to respectively alter the construction period from June 20, 2011 to May 31, 2013, with the construction period of KRW 24,270,000,00.

(hereinafter “instant modified contract”). C.

Upon completion of the instant construction, the Defendant obtained approval for the use of the instant apartment on June 28, 2013 from the head of Seoan-gun.

On July 30, 2013, the Plaintiff and the Defendant concluded an settlement agreement with the following contents:

(1) The total amount of the construction cost of this case shall be determined as KRW 23,180,700,000.

② The Plaintiff received 17,034,365,470 won from the Defendant in cash, and issued bills equivalent to KRW 1,477,950,00, and confirmed that the Plaintiff received 1,756,902,000 from the Defendant in lieu of payment.

③ The Defendant shall pay the Plaintiff KRW 500,000,000 out of the remainder of the construction cost of this case, which is KRW 2,911,482,530.

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