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(영문) 부산지방법원 2017.07.13 2016가단312499
공사대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

(1) The Busan Southern-gu C C C C C ground block block lubric roof of 23 square meters, 20 square meters and 20 square meters and 3 square meters and 1 house of 20 square meters and more (hereinafter “instant house”) were constructed around January 1, 1978. The Defendant purchased the instant house on October 1, 2014.

B. On February 2, 2015, the Defendant: (a) concluded a contract to remodel the instant housing to the Plaintiff by setting the construction cost of KRW 70 million; and (b) from February 2, 2015 to March 31, 2015; (c) paid KRW 10 million as the down payment at the time; and (d) the intermediate payment paid KRW 40 million up to the date of the completion of the construction in accordance with the nature of the construction; and (e) agreed to pay the remainder KRW 20 million after the completion of the construction to the Plaintiff at least two households.

(hereinafter “the instant construction contract”). [Grounds for recognition] without dispute, Gap evidence 1, Gap evidence 2-1 and 2-2, and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. The plaintiff asserts that the plaintiff does not pay only KRW 60 million out of the construction cost of KRW 70 million and the remainder of the construction cost of KRW 10 million out of the total construction cost of KRW 70 million, and the defendant does not pay the additional construction cost of KRW 3 million even if the additional construction cost of KRW 3 million was completed, since the defendant does not pay the additional construction cost of KRW 13 million (the remainder of the construction cost of KRW 10 million) to the plaintiff.

In regard to this, the Defendant asserted that the Plaintiff’s flag of the instant construction project is less than 70% of the intermediate payment payment under the instant construction contract, and that there was no additional construction contract.

B. The Plaintiff’s claim for the payment of the remainder of the construction cost is premised on the Plaintiff’s completion of construction work under the instant construction contract. First, the Plaintiff failed to assert and prove the specific scope and contents of the instant construction work.

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