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(영문) 수원지방법원안산지원 2016.12.08 2013가합1454
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 345,669,00 to the Plaintiff (Counterclaim Defendant) and its related amount from March 6, 2013 to December 8, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who runs the construction business under the trade name of “C,” and D is a person who helps the Plaintiff and performs the affairs of “C,” and the Defendant is a company that has a comprehensive construction business license.

B. On September 2, 2011, the Plaintiff drafted a construction contract agreement between E Co., Ltd. (hereinafter “E”) and the Plaintiff, setting the construction cost of KRW 760,000,000 (excluding value-added tax) for the new construction of the Mapo-gu Seoul Metropolitan Government F Ground Building (G Lending) and the construction period as of January 31, 2012.

C. Around November 5, 2011, the Plaintiff drafted a construction contract agreement between H and I on the supply and demand of the Plaintiff by setting the construction cost of KRW 530,000,000 for the new construction of the J-based building (excluding value-added tax) and the construction period of March 31, 2012.

On November 15, 2011, the Defendant drafted a written contract for construction works between K Co., Ltd. and K Co., Ltd. with the content that the Defendant receives the construction cost of KRW 479,000,000 (excluding value-added tax) and the construction period of April 30, 2012.

E. Meanwhile, the defendant and the defendant;

(c) d.

A contract for construction works entered into between each owner of each construction project described in the subsection (hereinafter referred to as “each of the construction works in this case”) and each owner of each construction project described in the said subsection (hereinafter referred to as “each of the construction works in this case”) with the Defendant.

As of November 5, 201, the contract that receives a subcontract for all of the remaining construction works, other than the structural works, among the works described in the paragraph, shall be as of November 5, 201, and the Plaintiff shall be as against the Defendant.

The contract that receives a subcontract for all of the remaining construction works out of the aggregate construction works as described in paragraph (1) shall be dated November 5, 201, and the plaintiff shall be the defendant as of the date of November 5, 201.

The contract was drafted as of December 15, 201, which states that all of the remaining works of the pelpel works, among the works described in the paragraph, shall be awarded for the construction cost of KRW 379,500,000, respectively.

F. Each of the instant construction works.

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