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(영문) 대전지방법원 2020.05.28 2017가단226831
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 98,286,00 to the Plaintiff (Counterclaim Defendant) and its amount from September 19, 2019 to the date of full payment.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Recognizing the facts, C and D Co., Ltd. (hereinafter “Nonindicted Company”) were jointly awarded a contract with E Co., Ltd. (hereinafter “original Company”) for the instant steel bars (hereinafter “instant steel bars”) from among the construction works of F apartment seven new construction works in Seo-gu, Seo-gu, Seo-gu, Seoul. The Plaintiff again subcontracted the instant steel bars from Nonparty Co., Ltd. on April 17, 2017 and carried out the instant steel bars from April 17, 2017.

During that period, the non-party company was omitted in the construction work and the defendant who actually runs the construction work of this case against the plaintiff. The plaintiff and the defendant made a request to the material manager of the original company for the steel construction of this case and upon the arrival of the steel work ordered by the original company at the construction site, the plaintiff made a processing and construction of the steel work by employing the body of the main company. The construction period is from April 17, 2017 to May 6, 2018. The construction amount is 330,000 won per ton of the steel, materials and expenses (including the steel connected line, SpanTU, and the steel divers, etc.) is set at 12,500 won per ton of the steel, and the payment of the construction amount is made at the end of each month as a result of the expiration of each month.

The Plaintiff continued construction of the instant steel bars from April 17, 2017 to September 2017, which was subcontracted by the non-party company, and the total amount of work was at least 1,800 tons.

616,50,00 won [22,50,000 won (1,80 tons x 330,000 tons x 1,800 tons x 12,500 won/metric)] of the cost of the instant steel works based on the base of 1,800 tons is 616,50,000 won of the cost of the instant steel works. The Plaintiff received 80,000,000 won from the non-party company around May 2017 as the cost of the instant steel works, and received 450,500,000 won from the Defendant around July 2017.

The Plaintiff notified the Defendant of the suspension of the instant steel bars around September 2017, which did not pay the construction cost due to the birth of the Defendant, and the Defendant notified the suspension of the instant steel bars.

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