(영문) 인천지방법원부천지원 2016.10.26 2015가합1559

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(영문) 인천지방법원부천지원 2016.10.26 2015가합1559

손해배상(기)

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1. Of the counterclaims of the Defendant-Counterclaim Plaintiff, KRW 48,544,93 and the service date of a copy of the instant counterclaims shall be from the day following the service thereof.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into a contract for the instant construction works on October 11, 2013 (hereinafter “instant factory”).

) New construction works (hereinafter “instant construction works”)

As to the Plaintiff, the Defendant, and the construction period from October 11, 2013 to January 31, 2014, the contract amount of KRW 1,430,00,00 (including value-added tax) was concluded (Evidence 1). 2) The Plaintiff and the Defendant maintained the contract amount on March 10, 2014; the construction period is from October 11 to April 20, 2014 to April 20, 2014; the contract amount is 180,00,000 (including value-added tax; the contract amount is 601,00,000,000 (including value-added tax; the payment at the time of the contract); 200,000,000 (including value-added tax; the payment at the time of the file work); 300,700,000,0000,000,0000,000,0000,000.

B. On June 28, 2014, the Plaintiff’s written confirmation and the completion of the plant of this case (i.e., the preparation of the Plaintiff’s confirmation document and the completion of the plant of this case) written confirmation related to the instant construction (No. 1; hereinafter “instant confirmation”).

1) The Plaintiff prepared and delivered the instant construction balance: 128,00,000 won for the instant construction work shall be notified after confirming the deposit and withdrawal. 2. The additional construction works shall be recognized as KRW 100,000,000. 3. There is no penalty for delay related to the contract. 4. The said construction amount shall be submitted to the Plaintiff on the date of the completion of the instant construction work. 5. 2) The Defendant issued the documents for completion of the instant construction to the Plaintiff around that time, and the completion permission for the instant factory was granted on July 2014.

3 The Plaintiff moved into the instant factory on July 22, 2014, and on September 16, 2014, the instant factory.

유사 판례

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-서울남부지방법원 2018.10.05 2017가단5031

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