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(영문) 대전지방법원 천안지원 2018.01.26 2016가합101061
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 360,943,305 to the Plaintiff (Counterclaim Defendant) and its related amount from January 28, 2016 to January 26, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that conducts construction business, etc., and the Defendant is a company that conducts housing construction business, etc.

B. Around March 10, 2015, the Plaintiff entered into a construction contract with the Defendant on the ground that it newly built a collective housing on the land in Seoan-gu, Seoan-dong 658-69, Seoan-dong (hereinafter the above collective housing referred to as “instant building”) and entered into a construction contract with the Defendant to enter into the said construction contract with the following terms and conditions:

(hereinafter referred to as “the above contract”) . 5. Contract amount: 3.83 billion won (value-added tax settlement) for the subsequent taxable portion.

6. Contract bond: None;

7. Advance: None;

8. Late portion: 11. Payment of the 5th day of each month of the request for the end of each month in accordance with the progress of construction works once a month: 1/100, 1/100, 1/1,00, without any dispute, entry in the evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Summary of the parties' arguments

A. The Defendant is obligated to pay the Plaintiff KRW 525,312,293 (i.e., KRW 220,432,293 million) (i.e., KRW 15,5480,00,000) to the Plaintiff, who is obligated to pay the Plaintiff the total amount of the unpaid construction cost and the additional construction cost and the value-added tax (i.e., KRW 220,432,293,000), and when deducting KRW 8,893,118,00,00 to the Defendant, the Defendant is obligated to pay the Plaintiff KRW 516,419,175 (i.e., KRW 525,312,293 -

1) Under the instant contract, the Defendant paid only the construction cost of KRW 3.83 billion, which is KRW 3.5 billion, among the construction cost of KRW 3.55 billion under the instant contract. Since the Plaintiff and the Plaintiff directly performed the construction work of household appliances among the instant construction works, the Defendant had to pay the Plaintiff the unpaid construction cost of KRW 3.83 billion, less the said KRW 3.5 billion from the unpaid construction cost of KRW 3.5 billion from the unpaid construction cost of KRW 3.15 billion, and KRW 1.49.4 million from the cost of installing the household appliances (= KRW 3.83 billion from the date of 3.5 billion from the unpaid construction cost of KRW 165.6 million from the cost of installing the household appliances (= KRW 3.83 billion from the KRW 3.5 billion), 3.5 billion

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