logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.03.27 2014가합4983
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2013, the Plaintiff entered into a contract with the Defendants for construction works, which newly built housing units on the ground of Daegu North-gu, Daegu-gu, for the construction cost of KRW 3,283,00,000 (value of KRW 298,00,000,000, value of KRW 298,000,000, and KRW 5,000,000, and the construction period of construction from March 5, 2013 to January 30, 2014, and carried out the construction (hereinafter “instant construction”).

B. On February 21, 2014, the Defendants notified the Plaintiff of the termination of the construction contract on the ground that “the Plaintiff ceased the instant construction work on four occasions, and does not continue the construction work after suspending the construction work on February 6, 2014.”

C. On April 14, 2014, the Plaintiff entered into a construction contract with the Defendant to reduce the construction price of KRW 2,612,50,000 (the supply price of KRW 2,500,000,000 plus KRW 112,500,000,000), and to extend the construction period to October 15, 2014, the Plaintiff entered into a contract for construction (a modification) with the subcontractor that “if the Plaintiff fails to submit to the Defendants the written contract entered into with the subcontractor and the performance guarantee certificate of the subcontractor, the said modified contract does not become effective, and the said modified contract shall be null and void.”

The Defendants requested the Plaintiff on May 28, 2014 to submit the performance guarantee certificate, etc. of the subcontractor’s contract to the Plaintiff by May 31, 2014, and if the Defendants did not submit it, the said modified contract has no effect.

‘The notification was made', and the other company is currently proceeding with the construction of this case.

【Ground of recognition】 The fact that there is no dispute, Gap 2's evidence (including paper numbers), Eul 1 to 3's evidence, 6, and 7's each statement, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion was settled at KRW 1,438,865,527 (including KRW 200,000,000) with respect to the portion of the structural construction project undertaken by March 2014, and presented the settlement details thereof to the Defendants (Evidence 3). The Defendants presented the settlement details as presented by the Plaintiff.

arrow