(영문) 수원지방법원 2018.07.04 2016가합79768

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(영문) 수원지방법원 2018.07.04 2016가합79768

공사대금

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1. The Plaintiff (Counterclaim Defendant) paid KRW 131,609,815 to the Defendant (Counterclaim Plaintiff) and its amount from August 17, 2016 to July 4, 2018.

Reasons

Facts of recognition

A principal lawsuit and a counterclaim shall be deemed simultaneously.

(1) On January 28, 2015, the Defendant concluded a contract for new construction works with the content that the Plaintiff and the Defendant ordered the Plaintiff to build the Defendant Company’s house located in Songsan-ri 231-6 (hereinafter “instant construction works”) (hereinafter “instant contract”).

The construction cost under the instant contract is KRW 860 million (excluding surtax) and the construction period is from February 9, 2015 to May 15, 2015.

(2) According to the instant contract, the Defendant shall pay to the Plaintiff KRW 172,00,000 of the remainder payment (30% of the construction cost) 258,00,000 of the construction cost at the time of completion of the installation of the beam beam, KRW 258,00 of the first intermediate payment (30% of the construction cost) 258,00,000 of the first intermediate payment (30% of the construction cost) at the time of completion of the printing team and the swimming work, KRW 172,00,00 of the second intermediate payment (20% of the construction cost) at the time of completion of the incidental civil works and the marina packing work.

At the time of the conclusion of the contract of this case, the Plaintiff issued specifications related to the construction of this case to the Defendant. The specifications include specific construction items constituting the contents of the contract of this case 65,00,000 won for 145,000,000 basic concrete works for 300,000,000 won for 300,000 iron frame and 4,000,000 for 5,000 for 65,000,000 for 65,000,000 for 65,000,000 for 7,000,000 for 65,00,000,000 for 7 incidental civil works and 65,00,00,000 for 49,00,000,000 for 49,000,000 for 149,000,000 for 30,000).

With respect to the above appurtenant part of a written estimate, the Defendant is called “service construction” unless the Defendant agreed to pay the construction cost separately.

in writing.

Since then, the defendant shall be the plaintiff from February 3, 2015 to July 23, 2015.

유사 판례

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