beta
(영문) 수원지방법원 여주지원 2017.04.26 2016가합5398

지체상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On August 4, 2014, the Plaintiff awarded a contract to the Defendant for the three new construction works for multi-family houses B (hereinafter “instant construction works”) on the ground of Leecheon-si, and drafted a construction contract with the Defendant as follows (hereinafter “instant construction contract”).

The date of commencement: The contract amount on December 31, 2014: The completed amount of KRW 490,000,000 per unit of multi-family house (excluding value-added tax): The Defendant began the instant construction work on August 5, 2014, and received KRW 50,000,000 from the Plaintiff on September 4, 2014.

On October 19, 2014, the Defendant filed a claim for construction cost for September 201 with the Plaintiff, but did not receive it, suspended the instant construction work on October 19, 2014.

On December 8, 2014, the Defendant sent each content-certified mail to the effect that, on the 15th of the same month, the subcontractor, employee, etc. should not proceed with the construction until the subcontractor, employee, etc. receives the construction cost, and inevitably suspended the construction work due to ombudsman.

On March 4, 2015, the Plaintiff and the Defendant drafted a construction contract with respect to the instant construction project (hereinafter “instant construction contract”) with the following contents, and the Defendant drafted a written rejection of the waiver of construction works concerning the instant construction project on March 6, 2015.

The plaintiff and the defendant, the ordering person, among the progress payment of KRW 4,59,051,310 claimed in October 2014 and the defendant, the ordering person and the contractor, among the total progress payment of KRW 6,270,00,00, D Company 10,835,000, KRW 69,268,540, E Company 39,550,500, KRW 20,281,40, G Company 27,50,000, KRW 29,423,90, KRW 5,000, KRW 53,129,340, and KRW 205,97, the amount of which was deducted by the plaintiff, the ordering person, shall be paid by the agreement to the defendant until 30,195, respectively. < Amended by Presidential Decree No. 17213, Mar. 13, 2005>

On March 4, 2015, the Plaintiff is a stock company.