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(영문) 대구지방법원 2020.09.11 2017가단131049
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 18,975,00 and KRW 15,79,472 among them, the Defendant (Counterclaim Defendant) from December 1, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 3, 2016, the Defendant: (a) concluded a contract with the Plaintiff regarding the construction work for Jeju-si Housing and Commercial Building (hereinafter “instant construction work”); (b) KRW 135 million for the construction work; and (c) from December 3, 2016 to May 15, 2017 for the construction work period.

B. On August 26, 2017, the Plaintiff promised to conclude the Defendant’s failure to complete the construction from the commencement date of the construction to August 26, 2017, starting on August 28, 2017, and ending on September 10, 2017, and not pay additional parts when not regarding the additional parts, and promised to remove and dispose of the warehouse, and to impose civil and criminal liability on the part of the warehouse (hereinafter “instant pledge”). However, the Plaintiff drafted a written pledge for waiver and completion of the construction (hereinafter “instant pledge”).

In the above written pledge, the plaintiff has attached the construction details to be finished.

C. The Plaintiff completed the instant construction, and the Defendant paid the Plaintiff KRW 120 million out of the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. The plaintiff's assertion and judgment on the grounds of the main claim

A. The Defendant asserted that the Plaintiff did not pay KRW 15 million out of the construction price of this case to the Plaintiff.

In addition, in addition to the instant construction, the Plaintiff incurred additional construction costs of KRW 18,40,00,000,000 for additional construction costs, such as the installation of a retaining wall, the installation of a double embankment, the installation of a commercial building, and the installation of a parking wall, and the installation of a parking lot, ② KRW 8,00,000,000 for housing repair construction costs, ③ KRW 23,000,000 for warehouse construction costs, ④ KRW 7,000,000 for warehouse removal costs due to the Defendant’s ground subsidence.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 71.4 million (= KRW 15 million and KRW 56.4 million) and damages for delay.

(b) Judgment 1.

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