logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.03.09 2016가단107761
공사대금
Text

1. The Defendant’s KRW 26,665,713 as well as the Plaintiff’s annual rate of 5% from September 3, 2016 to March 9, 2017, and the next day.

Reasons

1. Basic facts

A. On March 22, 2012, the Plaintiff entered into a contract with the Defendant for the following (hereinafter “instant construction contract”) with respect to civil engineering works, printing teams, electrical construction works, etc. (hereinafter “instant construction works”) among the new construction works of factory buildings located in Kimpo-si, Kimpo-si, Kimpo-si, and contracted the instant construction to the Defendant.

Construction period: From March 26, 2012 to April 30, 2012: The method of paying the construction amount of KRW 130,000,000: Advance payment of KRW 50,000,000 and the remainder of KRW 30,000,000,000 upon commencement of construction by the intermediate board and the H beam beamline: The date on which both parties agree.

B. The Plaintiff paid KRW 125,596,338 out of the construction price under the instant construction contract, and thereafter, the Defendant suspended the instant construction contract as the Plaintiff and the Defendant have settled disputes over the additional construction and construction price.

C. On September 2, 2016, the Plaintiff notified the Defendant of the rescission of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff did not agree with the Defendant on the additional construction and its amount. The Defendant, among the instant construction, suspended construction with only a reinforced concrete floor construction work and a stone quarries construction work.

B) Accordingly, since the Plaintiff demanded the implementation of the remaining construction works several times, but the Defendant’s failure to implement it, the Defendant is obligated to return KRW 125,596,338 for the construction cost received from the Plaintiff. 2) The Defendant was found to have buried various wastes on the land in the construction area while the Defendant was performing the instant construction works. Under the agreement with the Plaintiff, the Defendant was subject to additional construction works worth KRW 24,695,00 for the disposal of wastes and the strengthening of the ground thereof, and thus, the final construction cost under the instant construction contract was changed to KRW 178,125,00.

arrow