logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.03 2018나2035330
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of construction business, etc., and the Defendant is a person who engages in the housing construction business, etc. under the trade name “C”.

B. On December 1, 2016, the Defendant filed a report on the commencement of construction of multi-household housing (E; hereinafter “instant building”) on the D ground (hereinafter “instant construction”) with the Mayor of Pakistan-si, Pakistan-si, Seoul, on December 1, 2016.

The report on the commencement of construction submitted by the Defendant is written by the contractor as the F Co., Ltd. holding a comprehensive construction license (hereinafter referred to as the “F”), the contract amount is KRW 460 million, and the contract amount is written by the Defendant and F (Evidence 6).

C. As to the instant construction project, the Plaintiff and the Defendant drafted, as of December 15, 2016, a written contract for construction works (No. 1, hereinafter “instant contract”) with the Defendant as a contractor and the Plaintiff as the contractor, as follows:

1. A project owner: C;

2. Contract name of the contractor: The construction of a new loan system in the Gyeonggi-do Pakistan;

3. Construction site: Pakistan-si of Gyeonggi-do.

4. Period of construction: Amount of 899,800,000 won on April 15, 2017, as of December 15, 2016, the date of commencement: Value-added tax of 0 billion won: 818,00,000 won: 81,80,000 won.

6. Conditions for the payment of price;

(a) 20 per cent of advance payments, 30 per cent of the first intermediate payments (at the time of completion of reinforcing bars), 30 per cent of the second intermediate payments (at the time of completion of outwards), 20 per cent after completion;

(b) The completed amount: C conditions;

7. Warranty bond rate: 2%;

8. Warranty liability period: One year after completion.

9. The rate of liquidated damages: 0.001% per day.

D. On April 25, 2017, the Defendant filed an application for approval of the use of the instant building with the Mayor of Pakistan, and completed registration of the preservation of ownership on May 25, 2017.

E. From December 16, 2016 to July 20, 2017, the Defendant remitted total of KRW 762,491,886 to the Plaintiff on 63 occasions, as indicated in the attached Form No. 362,491,886, such as the list of the results of the transactions in question.

Gap evidence Nos. 5, 762,498,86, the sum of the remittances of Eul evidence No. 2, No. 12 through 15, 17 through 19, 38, 39, 43 through 47.

arrow