beta
(영문) 인천지방법원 2019.02.20 2016가합4170

양수금

Text

1. The Defendant’s KRW 1,291,556,976 for the Plaintiff and KRW 6% per annum from October 1, 2015 to December 12, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of soil construction business, reinforced concrete construction business, etc., and the Defendant is a nonprofit medical corporation established for the purpose of establishing and operating medical institutions.

2) With respect to the cost of construction corresponding to the design drawing at the time of concluding the contract, C cannot claim directly or indirectly against the Defendant any balance payment that arrives after the completion of the completion, by the date of the payment of the remainder. 3) The completion completion completion of the construction project shall be completed with the capital of C.

4) C is not obliged to pay the subcontract price to the Defendant, and Cdo subcontractors should not agree and affix their seals to the consent to the subcontract employment refusal agreement so that CDo subcontractors may not directly request the Defendant. 5) The suspension of construction is defined as the act of not doing construction work for more than 15 days.

6) In the case of the discontinuance of construction works, in the case of the discontinuance of construction works, the Defendant shall only be subject to the cancellation of the contract and may enter into a contract with the other contractor. 7) where the discontinuance of construction has occurred under either 5-6 (i) and (ii), C shall not waive

8) The term of construction work shall be 12 months from the date of the contract. 11) The Defendant shall pay the construction cost in full within three months from the completion of the construction work by C.

B. On October 30, 2014, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) under which the construction of medical facilities (a hospital) facilities for the elderly and the welfare facilities for the aged (a welfare facilities for the aged) (hereinafter “instant building”) on the ground and two lots outside the Dansan-gun, Chungcheongnam-gun (hereinafter “instant new construction”) was conducted by setting the construction period from November 15, 2014 to November 14, 2015 (hereinafter “instant contract”) as construction cost, construction cost, 6,142,950,000 won (excluding value-added tax) (hereinafter “instant contract”).

The provisions pertaining to the instant case, among the terms and conditions of the instant contract, are as follows.

C. C Between E Co., Ltd. (hereinafter “E”) and E on December 4, 2014, the period of construction of the structural frame of the instant new construction works (hereinafter “the instant structural frame”) is December 10, 2014.