beta
(영문) 서울서부지방법원 2019.07.05 2018나1715

공사대금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff runs the interior design business in the trade name of “C”, and the Defendant runs the coffee sales business in the trade name of “D.”

B. On July 17, 2017, the Plaintiff determined that the Defendant and the Plaintiff paid KRW 19,016,000 for the construction cost from July 18, 2017 to July 30, 2017, the intermediate payment of KRW 10,458,00 on July 24, 2017, the remainder of KRW 3,804,000 within five days from the completion date of the construction work, and the remainder of KRW 3,804,00,00 within five days from the completion date of the construction work.

(Value-added Tax separate) The Plaintiff entered into a contract for construction works in the instant case (hereinafter “instant contract for construction works”). The Plaintiff received KRW 10,458,00 from the Defendant respectively for the intermediate payment of KRW 4,754,00 on July 18, 2017 and the intermediate payment of KRW 10,458,000 on July 24, 2017.

C. On July 17, 2017, the Plaintiff entered into a contract with the Defendant under which the Plaintiff was awarded a contract with the Defendant, setting the construction cost from July 18, 2017 to July 30, 2017 (hereinafter “instant contract for the installation of the instant work site”) by setting the work period from July 18, 2017 to July 30, 2017; and the Plaintiff was paid KRW 4.6 million from the Defendant on July 17, 2017, the date when the contract for the installation of the instant work site was concluded by the Plaintiff.

Article 11 of the contract for interior works in this case and the contract for the installation of the work site in this case are not completed within the construction period, and where the reasons are found to be attributable to B, 1/100 of the total construction amount per day of delay shall be paid to A (Defendant) as liquidated damages for delay.

However, the design approved by A.