beta
(영문) 대전지방법원 2021.01.14 2019나118539

용역비

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On June 27, 2018, the Defendant awarded a contract to C Co., Ltd. (hereinafter “C”) for the manufacture and installation of plash facilities (hereinafter “instant construction”) with the following content:

Article 1 (Scope of Delivery) Public Mission : D Corporation's total amount for the supply (production and installation) of the Category B plasi Facilities: 20% of the down payment amount of KRW 604,000,000 (AT Map): 600% of the intermediate payment of KRW 604,000: 1,812,000,000, and the remainder payment of KRW 20% of the fixed rate: 604,000: 604,000 delivery date from July 16, 2018: Article 3 (Supply Period): From July 16, 2018, Article 8 (A) shall be completed and completed to the defendant and shall be corrected and corrected without delay by the defendant. < Amended by Act No. 15837, Oct. 15, 2018>

Article 9 (Arrears Prize) The construction work shall be completed on the date of completion of the construction referred to in Article 3 above, and if the construction is delayed due to C's cause or the correction of problems arising from trial run after completion of the construction is not completed by the date of completion of the construction, C shall pay a delay reward (3/100 of the construction cost per day of delay) to the defendant separately.

Provided, That the delayed prize shall be limited to 20% of the construction amount.

B. Upon C’s request, the Plaintiff leased the instant construction machinery from October 16, 2018 to November 29, 2018 and performed the duties of using the machinery.

(c)

On June 27, 2018, the Defendant paid C the down payment of KRW 604,00,000,000, and KRW 560,000,000 on September 19, 2018, and KRW 850,00,000 on October 22, 2018. The Defendant paid KRW 600,000,000 on November 9, 2018, but paid the down payment and intermediate payment of KRW 20,000 on December 12, 2018.

(d)

C When delay in the payment of equipment, wages, etc. to sewage workers, etc. on November 2018, sewage workers, including the Plaintiff, including the Plaintiff, and the Defendant demanded the Defendant to pay delayed wages, etc. Accordingly, the Plaintiff, the Defendant, and C are as follows. < Amended by Act No. 15010, Dec. 6, 2018>