(영문) 창원지방법원 통영지원 2017.02.02 2016가합451

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(영문) 창원지방법원 통영지원 2017.02.02 2016가합451

공사대금

Text

1. The Defendant’s KRW 841,48,065 as well as 5% per annum from June 14, 2016 to February 2, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On July 23, 2014, the owner of the instant construction contract and the Defendant signed a contract under which the Plaintiff signed a contract for the 12 new construction works of detached houses (hereinafter “instant construction contract”) on the land (hereinafter “instant construction contract”) on the following grounds: (a) the construction period from July 23, 2014 to November 30, 2014; and (b) the construction period was 1,886,000,000,000 (in addition), and the compensation rate for delay was 1,100%.

B. “The plan for consultation on construction of a single house” attached to the above construction contract includes the content that “the additional construction works other than the drawing of 15. shall be consulted with the owner on. 16. The fences of an external complex shall be determined later after consultation with the owner of the building.” “The details of the payment of construction cost” include “the first: The first: After the completion of the construction site, = 200,000,000, the second: 2500,000 when the interior finish work after the completion of the construction site, and the third: the full payment after the completion of the construction (payment with each household financing loan).

4. Sales proceeds from each household during the construction works shall be used as construction expenses;

5. The sales proceeds for each household shall be paid in preference to the total construction cost, irrespective of the details of payment of the construction cost from one to three phases;

"The content" includes "the content".

A: Plaintiff Company B, Plaintiff C, and Plaintiff E: As of March 25, 2015, Party A paid progress payment of KRW 1,018,163,500 out of the total amount of construction contract as of March 25, 2015, and confirmed that the balance of KRW 867,836,50 is unpaid.

(Additional Tax No. 4): Byung shall borrow from A in accordance with the above-mentioned Section 3, and Eul shall receive the progress payment from A.

5 Paragraph 5: Byung shall pay 100,000,000 won for the borrowed amount.

6 Paragraph 6: A shall pay 100,000,000 won borrowed to Byung.

7. Paragraph 7: A shall pay 100,000,000 won for progress to B without paying to B.

(c).

유사 판례

-인천지방법원 2018.03.21 2017가단206488

-서울고등법원 2016.03.18 2015나12996

-의정부지방법원 2018.01.17 2017나6031

-의정부지방법원 2019.02.12 2018나4551

-서울고등법원 2018.08.24 2016나2088422