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(영문) 수원지방법원 2019.05.23 2017가합974
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,684,637 to the Plaintiff (Counterclaim Defendant) and its related amount from April 19, 2017 to May 23, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who runs a construction business, etc. under the trade name of “C,” and the Defendant is a person who has contracted the construction of a new factory to the Plaintiff for the construction of a new factory at the same time D through E (hereinafter “instant land”).

B. On April 10, 2014, the Plaintiff was awarded a contract with the Defendant for a total of 495,000,000 (including value-added tax; hereinafter the same shall apply) for the construction of a factory on the instant land (hereinafter “instant construction”).

(hereinafter “instant contract”). C.

In addition to the instant land, the Plaintiff also performed various construction works falling under the part of the “first additional construction” (hereinafter “first additional construction works”), such as retaining walls and private protective construction works, on the land owned by the Defendant, such as land adjacent to the Defendant’s neighboring land (excluding land, etc.) and the Defendant’s wife G or H (hereinafter “F-owned land”), etc., such as stone sprinking and piling up, aggregate, ready-mixed, debris, earthing, boundary stone, concrete packaging, etc., and again completed various construction works falling under the part of the “first additional construction” (hereinafter “first additional construction works”). The Plaintiff performed various construction works falling under the part of the “second additional construction works” (hereinafter “second additional construction works”). In addition, the Plaintiff completed the first and second additional construction works, including the aforementioned first and second additional construction works.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements in Gap's 1 through 4, 7 through 10 (including branch numbers; hereinafter the same shall apply), the appraiser I's appraisal result, the purport of the whole pleadings

2. Determination on the main claim

A. Although the Plaintiff completed the instant construction work, only KRW 485,00,000, which is part of the construction cost of this case was paid by the Defendant.

Therefore, the defendant shall pay to the plaintiff 10 million won (=495,000,000 won - 485,000,000 won) and damages for delay.

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