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(영문) 수원지방법원 2015.11.11 2014나33724
공사대금
Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded from the trial, is as follows:

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On March 24, 201, the Plaintiff and the Defendant newly constructed a detached house of approximately 50 square meters on the ground of Gyeonggi-si B (hereinafter “instant construction”) on March 24, 201: (i) the construction period from March 29, 201 to June 30, 201 (including two months after commencement of construction); (ii) the contract amount of KRW 192,500,000 (including value-added tax); and (iii) the contract payment of KRW 20,000,000 among the construction expenses, the contract payment of KRW 50,000,000,00 for the second portion, the remainder payment of KRW 40,00,00 for the second portion, 42,500,000,000 after completion of the completion inspection; and (iv) the Plaintiff concluded a construction contract with respect to the defect that occurred within two years after completion of the construction inspection (hereinafter “the instant construction contract”).

B. From March 29, 2011, the Plaintiff performed the instant construction work, and thereafter, the Plaintiff’s failure to comply with the agreed construction period due to the Plaintiff’s circumstances. Around August 8, 2011, the Plaintiff decided to suspend the instant construction work, and agreed with the Defendant as to the construction cost, etc. (hereinafter “instant agreement”).

While entering into a contract for a detached construction project at the above site, the Plaintiff’s progress is delayed due to reasons such as the supply and demand of the parts of the construction project, and the construction period is not complied with due to the failure to comply with the contract. The Plaintiff’s failure to suspend construction as of August 8, 201, and cooperates in the Defendant’s direct construction work. The Defendant’s adjustment of the cost necessary for the repair of defects and the remaining completion of the construction work and the costs incurred by the Plaintiff’s inputs until the settlement of accounts, and the materials invested at the site will not be taken out. The input construction cost so far shall be settled under the Plaintiff’s responsibility, and the Plaintiff’s construction work after the settlement of accounts is completed.

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