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(영문) 수원지방법원성남지원 2020.11.10 2019가합401703
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 395,829,337 to the Plaintiff (Counterclaim Defendant) and its related amount from January 11, 2019 to August 14, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 9, 2017, the Plaintiff concluded a construction contract with the Defendant for the construction of the building E (hereinafter referred to as the “instant building”) from Leecheon-si (hereinafter referred to as the “instant construction”) and with the construction cost of KRW 360,00,000 (excluding value-added tax) and the construction period from June 20, 2017 to September 20, 2017.

(hereinafter referred to as the “instant construction contract”). B.

On June 12, 2017, the Plaintiff and the Defendant entered into a modified contract to extend the construction period of the instant construction contract from September 20, 2017 to April 30, 2018, and on the same day, the Defendant paid the Plaintiff KRW 72,00,000 as the prepaid construction price under the instant construction contract.

C. On April 30, 2018, the Plaintiff and the Defendant concluded a contract to extend the construction period of the instant construction contract from April 30, 2018 to June 30, 2018, and to increase the construction amount into KRW 404,826,670 (excluding value-added tax).

While the construction of the building of this case was being carried out by the plaintiff, the reinforcement of the retaining wall construction of the building of this case, the burial facility construction, the installation of additional facilities for exhibition pipes, the alteration of the location of toilets, and the additional construction of metal.

E. On September 2018, the Plaintiff completed the instant construction work.

F. The appraiser appraised the additional construction cost of KRW 69,780,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 8, 10, 11 (including each number, if any), the appraisal result of appraiser D, the purport of the whole pleadings

2. According to the facts of the determination as to the claim of the principal lawsuit, the defendant is entitled to KRW 373,309,337 of the remainder of the construction cost stipulated in the instant construction contract (=45,309,337 of the construction cost = KRW 404,826,670 of the construction cost + KRW 404,826,670 of the construction cost) - KRW 72,00,000 of the construction cost already paid and KRW 69,780 of the additional construction cost] and KRW 443,089,337 of the total of KRW 69,780,00 of the construction cost (= KRW 373,309,3379,369,780,000 of the construction cost) as the plaintiff under the instant construction contract.

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