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(영문) 인천지방법원부천지원 2014.12.30 2014가합5769
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 44,942,259 to the Plaintiff (Counterclaim Defendant) and its related amount from May 9, 2013 to December 30, 2014.

Reasons

1. Determination as to the main claim

A. On November 10, 2012, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) under which the Defendant entered into a contract with the Plaintiff on the repair work cost of the instant apartment complex B (hereinafter “instant apartment”) with the period from November 15, 2012 to February 15, 2013 (hereinafter “instant contract”). According to the instant contract, the Plaintiff entered into a contract with the Plaintiff on the repair of the defect in the instant apartment complex B (hereinafter “instant apartment”) with each of the construction cost of KRW 180 million and the construction period from November 15, 2012 to February 15, 2013 (hereinafter “instant contract”).

3) Meanwhile, while the Plaintiff was performing construction works under the instant contract, the Plaintiff entered into an additional implementation of 4.5 million won of the construction cost (excluding value-added tax) for replacing the street stone and luminous construction works. 4) The Plaintiff entered into an agreement with the Defendant on the construction of waterproof construction (2090 square meters of the size of the construction work) that installs a lebane with a thickness of 1m on the rooftop floor of the instant apartment, on which the Plaintiff would each bear KRW 10 million of the construction cost, and the Defendant would bear KRW 7 million of the construction cost.

However, the council of occupants' representatives of the apartment of this case requested the defendant to use the thickness of leratan as 3 meters, and the plaintiff implemented a rooftop leratan waterproof construction project with the thickness of 3 meters in accordance with the defendant's additional construction cost payment agreement for the leratan waterproof construction project within 2 meters added.

The estimated amount of a waterproof project on the rooftop of 3 meters thick is KRW 43 million (excluding value-added tax).

5 The Defendant paid to the Plaintiff KRW 14,662,00,000 as the construction price under the instant contract from November 21, 2012 to September 17, 2013.

(1) On December 21, 2012, the date of payment of Nos. 11,118,400 won for the materials of Sam Twit on December 21, 2012, and the date of payment of No. 11,010,000 won for the materials of Han Chemical Paint on March 26, 2013, and KRW 11,010,000 for the materials of Han Chemical Paint on December 26, 2013.

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