logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.05.14 2019가합108750
약정금
Text

1. Of the instant lawsuit, the part concerning the claim for KRW 131,843,575 and damages for delay shall be dismissed.

2. The defendant.

Reasons

. Facts of recognition.

A. The Plaintiff is the contractor of the D Main Complex Construction Project (hereinafter referred to as the “instant Construction Project”) located in two parcels outside Jeon-gun, Jeonbuk-gun, and the Defendant is the contractor of the instant Construction Project.

B. On February 10, 2018, the Plaintiff and the Defendant entered into a contract for the instant construction project (hereinafter “instant contract”) and the details thereof are as follows.

* The date of commencement: * the date of completion: May 30, 2019 * Contract Price: 8,337,450,000 won, value-added tax: 187,450,00 won.

C. On December 3, 2018, the Plaintiff and the Defendant agreed to reduce the instant construction work (hereinafter “instant agreement”) and around February 22, 2019, the amount and payment period of the agreed amount to be paid by the Defendant to the Plaintiff pursuant to the said other agreement (hereinafter “instant agreement”). The details are as follows.

- The construction on December 3, 2018 - * the construction on November 30, 2018 - the construction on the aggregate of six stories during the construction process as of November 30, 2018. * The amount of the agreement shall be determined later. * the Plaintiff has completed up up to the 6th floor (6th floor, the 7th floor), and the subsequent construction shall be responsible to the Defendant.

b. - Written undertaking February 22, 2019 - * the account payable by the contractor (Defendant) to the contractor (Plaintiff): 310,000,000 won for the payment of the contract price* KRW 50,000,000 for the payment period of the agreed amount:

The Defendant paid KRW 50,000,000 to the Plaintiff out of the instant agreed amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of whole pleadings

2. Judgment on the defendant's main defense of safety

A. The summary of the main defense of this safety issue was as follows: (a) the creditor E, from among the Plaintiff’s claim for the construction cost of this case, served on the Defendant with the attachment and collection order issued by the obligee E, for KRW 131,843,575 of the Plaintiff’s claim for the construction cost of this case; and (b) thus,

arrow