logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.12.11 2014나13640
공사대금
Text

1. Of the judgment of the court of first instance, with respect to the Defendant-Counterclaim Intervenor, KRW 231,620,962 against the Plaintiff-Counterclaim Intervenor and the Plaintiff’s successor thereto.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The facts below the basis of facts do not conflict between the parties, or may be admitted in full view of each of the statements and images as evidence A Nos. 2, 5, 16, 17, and 40, and the whole purport of the pleadings.

3. Period: 8 months from January 4, 2011 to August 4, 201 (240 days).

4. Contract amount: 1,390,000 won: Value-added tax amount of 1,390,000,000 won: 139,00,000 won.

6. Timing and methods for the payment of completed portion: 10% of the floor of the first floor (10%) after the removal of concrete from the 5th floor (10%) after the removal of the 5th floor (10%) after the completion of the pel structure (10%) after the completion of the outer pel structure (10%) after the outer finish (10%) after the interior finish (10%) after the second (10%) after the completion (15%) after the issuance of the certificate of approval for use and the certificate of performance of defect repair (15%) 45 days after the approval for use (10%)

7. Other matters: 3/1,000 of the price for delay per day.

A. On January 201, the Plaintiff entered into a contract with the Defendant for the extension of welfare facilities for the aged (hereinafter “instant construction”) located in the Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”) (hereinafter “instant contract”). The main contents of the instant contract are as follows.

B. The instant land had a welfare facility for the aged with the sixth floor size above the ground (hereinafter “existing welfare facility for the aged”) and a three-story neighborhood living facility with the third floor above the ground (hereinafter “existing neighborhood living facilities”). The instant construction is a construction of a new building with the seventh floor size above the ground after the existing neighborhood living facilities were removed, and construction of a new building with the seventh floor size above the ground and extension and remodeling of the existing welfare facility for the aged to the seventh floor above the ground (hereinafter “instant building”).

C. The Plaintiff completed the instant construction around September 201, and the head of Gwangjin-gu issued a written approval for use of the instant building to the Defendant on September 9, 2011, and the Defendant paid the Plaintiff KRW 1,438,500,000 in total as construction price.

On June 19, 2012, the Plaintiff transferred the claim for construction cost to the Intervenor succeeding to the Plaintiff.

arrow