beta
(영문) 서울남부지방법원 2020.08.21 2019가단224898

공사대금

Text

1. The Defendant’s KRW 33,286,550 and the Plaintiff’s annual rate of KRW 6% from November 1, 2018 to August 21, 2020.

Reasons

1. Basic facts

A. On July 27, 2016, the Defendant entrusted F Co., Ltd. and the Defendant with the construction, maintenance, and management of a logistics warehouse (a contract that is responsible for the construction of a general warehouse and maintenance and repair for ten years in accordance with the standards required by the above company on the E-factory site of the C Co., Ltd.), and a contract is prepared by F Co., Ltd. designated as a representative business operator to contract the construction of a logistics warehouse to the Defendant.

From the following, D New Construction, which is a logistics warehouse (hereinafter referred to as "new construction of the logistics warehouse of this case"), was awarded a contract:

The name of a construction project: The date of commencement of a new construction project for D: The date scheduled for completion of a factory on July 29, 2016: The contract price on October 25, 2016: the item and quantity of the materials required to pay KRW 1,440,000 (excluding value-added tax) for delay - The rate of liquidated damages shall not be the value-added tax for delay: 2/100 of the contract price per day for each delay.

B. On July 28, 2016 and August 22, 2016, the Defendant subcontracted to the Plaintiff the steel frame construction, the board, and the Changho Construction among the instant logistics warehouse construction works, with the following content:

(hereinafter referred to as “instant subcontracted project”. (1) The date of commencement of construction amount of KRW 465,00,000 (excluding value-added tax) on July 28, 2016: July 29, 2016; and the date of completion of construction; October 10, 2016; (2) the date of conclusion of the contract; August 22, 2016; the date of commencement of construction amount of KRW 240,00,000 (excluding value-added tax) on August 22, 2016; and the date of completion of construction. < Amended by Presidential Decree No. 27417, Sep. 5, 2016; Presidential Decree No. 27505, Oct. 25, 2016>

The terms and conditions of a subcontract for construction works attached to the subcontract agreement between the Plaintiff and the Defendant shall be as follows:

(1) Article 3 (Construction, etc.) (1) of the terms and conditions of the subcontract for construction works shall spread the terms and conditions of this contract and design documents (including construction specifications, design drawings and site descriptions: Provided, That in cases of a unit price contract, the total amount shall be included in the calculation sheets, and the form thereof shall apply mutatis mutandis to the form prescribed by the rules on accounting of the Ministry of Finance and Economy;