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(영문) 광주지방법원 2018.02.22 2015가합4179
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 433,008,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 14, 2015 to February 22, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 10, 2014, the Plaintiff newly constructed a building of five stories above ground (hereinafter “instant building”) on the ground owned by the Defendant and the Defendant (hereinafter “instant construction”) on March 10, 2014, with respect to “construction cost: 2,205,00,000 won (including additional taxes), contract deposit: 220,500,000 won: From March 21, 2014 to October 20, 2014 (this year was modified to December 20, 2014; 0.15% of the contract amount after completion of the instant construction work; 20% of the contract amount after completion of the construction work; 20% of the contract amount after completion of the construction work; and 20% of the contract amount after completion of the construction work (hereinafter “construction work”).

B. On the basis of the contractual drawing drawn up around March 2014, the Plaintiff commenced the instant construction project, and the Defendant paid the construction price to the Plaintiff according to the progress of the instant construction project, as stipulated in the instant contract.

The amount of money paid as of the date of payment of the order of 15% of the contract amount after the completion of the construction of steel frame 130,750,000 steel frame on March 19, 2014, after the completion of the construction of steel frame 15% of the contract amount after the completion of the construction of steel frame 130,750,000 steel frame 15% of the contract amount after the completion of the construction of steel frame 130,750 on May 7, 2014, 2014, 20% of the contract amount 5% of the contract amount after completion of the construction of reinforced concrete 41,00,000,000 reinforced concrete 20% of the contract amount after completion of the construction of the construction of stone 20% on December 16, 2016, 1008, 007,008

C. On May 8, 2015, the Defendant applied for the approval of use as a design drawing reflecting the details of the change on the instant building in the Naju City Mayor, and obtained the approval of use on May 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 57 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff.

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