(영문) 서울중앙지방법원 2017.11.08 2016가합557260

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(영문) 서울중앙지방법원 2017.11.08 2016가합557260

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 129,575,973 to the Plaintiff (Counterclaim Defendant) and its related amount from October 11, 2016 to November 8, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 23, 2015, the Plaintiff entered into a contract for work with the Defendant, the first underground floor located in Seocho-gu Seoul Metropolitan Government, and multi-household houses with the third floor above ground (hereinafter “instant building”).

) New Construction Works (hereinafter referred to as “instant Construction Works”)

As to the contractor, the contractor, the Plaintiff, the contract price of construction KRW 785,00,00 (excluding value-added tax), and the contract for the construction work that was made on April 15, 2015 on the date of commencement and November 15, 2015 on the date of completion (hereinafter “instant contract”).

(2) According to the instant contract, the Defendant paid the construction cost to the Plaintiff as indicated below.

1,000,000 c. (1,000 c. (1),00,000 c. (2),00,000 c. (1,000 c.),00 c. (2,00,000 c.) at the time of completion of the structural construction of the third floor; 2,00,000 c. (3) at the time of completion of the external stone c. (2,00,000 c. (4) and outside stone c. (1,00,000 c. (1,000,000 c.) at the time of completion of the interior and external completion of the construction; 85,000,000 c. (1,000 c.) after completion of the construction of the c. (4) and after completion of the construction of the c.

B. From March 24, 2015 to October 30, 2015, the Defendant paid to the Plaintiff a total of KRW 600,000,000 as the contract deposit and the third contract price.

C. The 4th contract price for the delayed construction and the preparation of the written agreement: The 100,000,000 won when the internal termination and the preparation of the completion of construction:

(2) Construction costs which are paid directly shall be limited to material costs, wages, etc. directly related to the instant construction works.

(3) The selection of the defendant shall take precedence over the application of internal burials.

(4) The construction cost to be paid directly shall be four primary payments.

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