logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.13 2014가합10744
공사대금
Text

1. The Defendant: (a) KRW 105,742,644; and (b) 5% per annum from December 6, 2011 to June 13, 2017 to the designated parties C; and (c)

Reasons

1. Basic facts

A. On May 24, 2010, the Defendant changed its trade name to D Co., Ltd. (the Plaintiff around July 14, 2010) around July 24, 2010.

(B) the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant building”) to be used as F public library on and on the ground of Incheon E.

2) A new construction project (hereinafter referred to as “instant construction project”)

As to the construction cost, the construction cost of KRW 934,147,00, May 28, 2010, May 24, 2010, the completion date of construction (150 days in total) and October 24, 2010, the warranty liability rate of KRW 3%, the warranty liability period of KRW 5 years, and the liquidated damages of KRW 0.1%, respectively, shall be determined. The notice of the conclusion of the construction contract under the general construction contract of a local government (Evidence. 1) states that “general terms of the construction contract” but this is not a dispute between the parties concerned (hereinafter “general conditions”).

) The construction contract that intends to perform contractual obligations under the contract (hereinafter “instant construction contract”).

(2) On May 28, 2010, the Plaintiff commenced the instant construction work. On June 9, 2010, the Defendant paid the Plaintiff KRW 467,00,000, which is 50% of the construction price, as advance payment.

3) Around July 31, 2010, the Plaintiff reported to the Defendant that “it is necessary to reinforce the ground due to the soil condition,” and around September 29, 2010, that “the construction of this case is required for the extension of a connecting bridge and access package.” Around October 1, 2010, the Defendant ordered the Plaintiff to suspend the construction of this case in order to grant the Plaintiff the period necessary for the design modification, and thereafter the suspension of construction was extended until November 15, 2010. 4) The Plaintiff transferred the entire claim for the construction price against the Defendant to the designated party C around August 20, 2010, the Plaintiff sent the content-certified mail to the Defendant on August 23, 2010, and the Defendant received the content-certified mail on the same day.

5. The Defendant’s instant case to the Plaintiff on November 15, 2010.

arrow