logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2017.11.02 2017가합763
공사대금
Text

1. The Defendant’s KRW 116,119,759 for the Plaintiff and KRW 6% per annum from June 27, 2017 to November 2, 2017 for the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a company running civil engineering and building construction business, etc., and the Defendant is a “C hotel” (hereinafter “instant hotel”).

) Construction period: A person operating a business. The construction period: (a) commenced on February 15, 2017; (b) the completed contract amount of KRW 365,200,000 per day: Payment of KRW 365,200,00 in advance; (c) The advance payment: within 15 days after entering into the contract; (d) the details and proportion of the advance payment within 50,000 won from the date he/she received from the project owner or within 15 days from the date of receipt of the contract; (b) the Plaintiff was awarded a contract for remodeling the hotel of this case from the Defendant on February 10, 2017 (hereinafter referred to as “instant construction contract”); and (c) the content of the instant construction contract became final and conclusive on two occasions following the instant amendment agreement (hereinafter referred to as “instant construction contract”).

3) On March 1, 2017, the Defendant: (a) between the Plaintiff and the Plaintiff on March 1, 2017; (b) one partitioned of the instant officetels (No. 504; hereinafter referred to as “instant officetels”) under construction in Jinjin-si.

() Subject to the Plaintiff’s supply to F, the Plaintiff agreed that KRW 130,000,000, out of the construction cost obligations, shall be deemed to have been repaid, and on April 11, 2017, the Plaintiff paid KRW 20,000 as the construction cost to the Plaintiff. 4) The Plaintiff completed the instant construction work as of April 2017.

[Reasons for Recognition] Facts without dispute, the fact that the plaintiff is the applicant, Gap evidence Nos. 1 through 4, 7, 8, Eul evidence Nos. 1 and 4 (including additional numbers), the purport of the whole pleadings

B. Unless there exist special circumstances, the Defendant is obligated to pay to the Plaintiff delay damages from June 1, 2017, which is the due date for the payment of the construction cost of KRW 215,200,000 (=365,200,000 - KRW 130,000,000 - 20,000) and the obligation to pay the Plaintiff for the payment of the construction cost of the instant construction cost of KRW 30 days after the date of completion of the instant construction work.

The plaintiff claimed for the payment of damages for delay from April 11, 2017, but at the same time.

arrow