beta
(영문) 서울남부지방법원 2016.08.12 2015가단37805

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 6, 2015, the Plaintiff sent an estimated amount to the Defendant of the C retaining wall construction at Namyang-si as KRW 124,513,148 (excluding value-added tax) and began construction from May 10, 2015.

2. The name of subcontracted project: C retaining wall works in South and South Korea-si.

3. The place of construction: South-North Jeju City C.

4. Construction period: The contract amount on June 25, 2015, which ends on May 10, 2015: KRW 120 million (excluding value-added tax).

6. Payment of the price;

(a) Advance payment: Details and ratio thereof within 15 days from the date on which the ordering person received it or from the contract date; and

(b) Completion completed amount: (a) Within five days from the date of receipt of the goods of each type, and (b) Method of payment in cash: 100%; and

(1) Payment within 30 days from the date the person placing an order receives a adjustment in accordance with the contents and proportion of such adjustment (2) within 15 days from the date the person placing an order receives such adjustment;

B. On June 3, 2015, the Plaintiff and the Defendant agreed to the construction contract (hereinafter “instant construction contract”) with the following content:

C. The Defendant paid to the Plaintiff KRW 20 million on May 11, 2015, KRW 15.5.15.15.20 million on May 18, 2015, KRW 20 million on May 18, 2015, and KRW 10 million on May 28, 2015, and paid KRW 80 million on June 3, 2015, which entered into the instant construction contract.

The Plaintiff entered into the instant contract and completely suspended construction from June 11, 2015.

Since then, the defendant requested another company to perform part of the construction work.

E. On June 22, 2015, the Plaintiff urged the Defendant to unilaterally pay the additional construction cost that has been changed to the Defendant’s direction to the Plaintiff and to complete construction. The Plaintiff is unable to recognize this, and the Plaintiff claims a settlement of construction cost settlement along with the termination of the construction contract’s invalidity.

43,959,971 won shall be until June 24, 2015.