logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원순천지원 2016.02.16 2015가단5518
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to establish and operate medical welfare facilities for the aged, the defendant is establishing and operating a C Medical Care Center for the aged in B at the time of leisure as a social welfare foundation established.

On July 8, 2009, the defendant removed part of the building of the existing C Care Center (hereinafter "new construction of this case") under the C Care Center function reinforcement project, which is the government subsidy project (hereinafter "the new construction project of this case"), and newly constructed the fourth floor medical care center.

B With respect to A, the construction contract was concluded between A and A Co., Ltd. for the term of 1.688,6 million won for the construction cost, and the construction period from July 6, 2009 to May 5, 2010.

At the time, the Defendant, who was suffering from the financial shortage, reported the construction cost of the instant contract to KRW 1,920,525,000 at the time of credit in order to receive the national subsidy, etc. from the new construction works of this case, and subsequently, was tried to increase the construction cost on the ground of the change in the construction details, etc.

Accordingly, on June 23, 2010, the defendant paid 247,612,00 won out of the content of the leather and the contract of this case 1.8 billion won (including value added tax) and the remainder is the national subsidy, etc.

From September 6, 2009 to September 30, 2010, the construction period has been changed from September 9, 2010 to November 30, 201.

The amendment was made (hereinafter referred to as the “instant contract”) and on August 16, 2010, the said amendment approved the amendment of the project plan under the said contract.

In the instant contract, the term "liability for warranty" refers to the following:

<하자담보책임> - 토목/건축 : 지반/콘크균열/방수/샷시, 엘리베이트/기타공정별전체 - 소방 : 센셔작동/스프링쿨러, 기타공정별전체 - 전기 : 공정별전체 - 통신 : 공정별전체

B. D signed an employment contract with the Defendant on January 18, 201, and served as C Care Center president, and serves as C Care Center president, and serves as C Care Center president.

arrow