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Reasons
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(영문) 대구지방법원 2015.08.13 2014가단14068
공사대금
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 24,496,952 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Main lawsuit and counterclaim;

A. The plaintiff asserts the following as the main claim of this case.

1) The Plaintiff among the Daegu-gun Apartment Construction Co., Ltd. construction works that the Defendant received from Daewoo Construction Co., Ltd. (hereinafter “instant construction works”).

(2) Until May 2011, the Plaintiff completed the remainder of the construction work with the exception of the non-construction cost of KRW 43,955,442 among the instant construction work, and the additional construction cost of KRW 128,38,679 was incurred.

3) As a result of the Plaintiff’s settlement of the price of the instant construction project between the Defendant and the Defendant on June 25, 2011, the remainder of the construction cost is KRW 78,705,135, and the Defendant decided to pay KRW 59,418,305 among this, the amount to be paid to the Plaintiff remains KRW 19,286,830, and the Defendant is obligated to pay the said amount. (B) The Defendant asserts the instant counterclaim claim as follows. (i) The Defendant paid KRW 628,649,857 to the Plaintiff. As the Defendant paid the Plaintiff a total amount of KRW 540,00,000,000 to the Plaintiff, it was paid in excess of KRW 121,189,857 with the deduction of KRW 32,540,000 from the amount of the construction cost to the Plaintiff.

2) Therefore, even if the above excess payment deducts KRW 78,705,135 from the above excess payment, the Defendant is deemed to have paid more than KRW 42,484,722, and thus, the return is sought.

2. Determination on the principal lawsuit and counterclaim claim

A. 1) Determination on the construction amount and the amount of payment related to the instant construction project 1) The facts constituting a cause of 540,000,000 for the instant construction project do not conflict between the parties. 2) Next, the Plaintiff asserts that the amount of additional construction works would be KRW 128,388,679, or at least KRW 113,07,442, or that the amount of additional construction works would be KRW 78,705,135, as the Defendant did not dispute over the amount of additional construction works, and thus, there is a health stand.

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