logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.04.26 2016가단9634
공사대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay 12,900,000 won to the Plaintiff (Counterclaim Defendant) and its payment from October 20, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 17, 2015, the Plaintiff was awarded a subcontract for the Ston Co., Ltd. (including virtual complex construction) among the main complex construction works (including virtual complex construction) among the main complex construction works located in B and three parcels in Nam-gu, Nam-gu, Nam-gu, Seoul, as of December 17, 2015, with the construction cost of KRW 62 million (excluding value-added tax) and the completion date on March 31, 2016.

B. Around June 29, 2016, the Plaintiff agreed to change the method of construction, etc. while performing the construction work under the preceding paragraph, and concluded a contract with the Defendant on June 29, 2016, under which the Defendant entered into a contract with the Defendant to accept a subcontract by setting the construction cost of KRW 65,300,000 (excluding value-added tax) and the completion date of construction of the main complex construction project as the construction cost of KRW 65.3 million (excluding value-added tax).

(hereinafter “instant construction project”). C.

On June 30, 2016, the Plaintiff completed the instant construction, and on June 29, 2016, the Defendant issued and delivered to the Plaintiff a payment note (hereinafter “instant payment note”) with respect to the instant construction project, as follows:

The name of the construction project: The payment shall be made by July 1, 2016, and the remaining 12.9 million won shall be paid by July 31, 2016, and shall be paid by July 31, 2016, if the total amount of the outstanding amounts is not paid, it shall be confirmed that the civil or criminal liability shall be imposed if the amount of the outstanding amounts is not paid.

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

2. According to the above facts of recognition as to the claim on the main claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 20, 2016 to the day following the day of delivery of a copy of the instant complaint to the day of complete payment, as claimed by the Plaintiff, in the absence of special circumstances.

3. The defendant's assertion and the defendant's assertion.

arrow