logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.10.22 2019나92605
약정금
Text

The plaintiff's appeal and the plaintiff's claim added in this court are all dismissed.

after the filing of an appeal.

Reasons

1. Facts of recognition;

A. H Co., Ltd. (hereinafter “H”) was awarded a subcontract for the installation of lighting fixtures among the Incheon New Construction Corporation (hereinafter “Seoul Construction Corporation”) and the Jeonju New Construction Corporation (hereinafter “former Construction Corporation”).

B. On December 29, 2016, H entered into a contract for the supply of goods and construction with each Defendant regarding the installation of lighting fixtures by setting the construction cost of KRW 899,730,00 (including value-added tax), the construction period from December 29, 2016 to December 31, 2017; the construction cost of KRW 679,970,000 (including value-added tax) for the former works; and the construction period from December 29, 2016 to December 31, 2017, with each Defendant.

(hereinafter referred to as “instant lighting installation works”)

On February 16, 2017, the Defendant concluded a construction contract for the construction of lighting fixtures (hereinafter “instant construction contract”) with each Plaintiff, setting the contract amount of KRW 121,179,00 (excluding value-added tax), the contract period from February 16, 2017 to December 31, 2017, and the contract period of KRW 92,904,00 (excluding value-added tax), and the contract period from February 16, 2017 to December 31, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s liability for the contractual party to the instant construction agreement with the Defendant was unable to complete the construction work under the instant construction agreement by December 31, 2017 on the grounds that the lighting fixtures, which the Defendant had agreed to enter into the instant construction agreement with the Defendant and the Defendant and the Defendant’s director representing the Defendant, could not complete the construction work under the instant construction agreement by December 31, 2017 (hereinafter “the Plaintiff’s assertion”). Around November 1, 2017, the Plaintiff was paid KRW 5,00,000 per month for the expenses and remuneration that the Plaintiff would incur due to the delay in the instant construction work (hereinafter “the Plaintiff’s assertion”).

arrow