(영문) 광주지방법원목포지원 2016.08.31 2015가단2322

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원목포지원 2016.08.31 2015가단2322

공사대금

Text

The defendant shall pay to the plaintiff KRW 16,673,740 as well as 5% per annum from February 3, 2016 to August 31, 2016, and the next day.

Reasons

1. Confirmation of the fixed amount of construction work;

A. The facts of recognition 1) On November 10, 2014, the Defendant: (a) between the Plaintiff and the Plaintiff, on the ground of 236 square meters on the land owned by the Defendant’s wife C (the Defendant’s wife); and (b) concluded a contract with the Plaintiff to contract the construction of a new 34 square meters-type detached house to the Plaintiff (hereinafter “instant construction contract”).

(2) At the time of the conclusion of the instant construction contract, the Plaintiff received KRW 20,000,000 from the Defendant and commenced the instant construction work until January 26, 2015.

3) On February 12, 2015, the Plaintiff sent a content-certified mail to the Defendant that “the instant construction contract is terminated because it is impossible to proceed with the instant construction work due to the Defendant’s unfair interference,” and sent it to the Defendant around that time. On April 2, 2015, the Defendant sent a content-certified mail that includes “the Plaintiff appears to have no intention to proceed with the instant construction contract,” and the said content-certified mail reached the Plaintiff around that time.”

B. In the case of a construction work contract for construction works, even if the contract has been rescinded and completed in the course of the construction work, if the construction work has been considerably advanced and its restoration to its original state has resulted in serious social and economic losses, and the completed part is beneficial to the contractor, the contractor shall only be invalidated and the contract shall be delivered to the contractor, and the contractor shall pay a reasonable remuneration for the building delivered in consideration of the height, etc. of the building.

(see, e.g., Supreme Court Decision 96Da43454, Feb. 25, 1997). In addition, when a contract for construction work is terminated even if the contract for construction work was terminated, the contractor is the contractor.

참조판례

-대법원 1997. 2. 25. 선고 96다43454 판결

유사 판례

-대구지방법원 2016.09.22 2016나301996

-대구지방법원 2016.02.04 2014가단45239

-창원지방법원통영지원 2015.09.24 2014가합2293

-인천지방법원 2017.10.27 2016나65094

-광주지방법원 2020.02.06 2019나52835