(영문) 대전지방법원천안지원 2015.04.24 2013가합5223

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(영문) 대전지방법원천안지원 2015.04.24 2013가합5223

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 1, 2010, the Defendant: (a) with respect to the construction of neighborhood living facilities, such as retail stores, restaurants, etc. (hereinafter “instant building”) on the land (hereinafter “instant construction”) on the land (hereinafter “instant construction”), the construction cost of KRW 870,000,000 (including value-added tax) and the construction period from April 1, 2010 to April 201.

8. The construction contract for the term of 30.30 was concluded (A evidence 1; hereinafter “instant construction contract”).

Since then, the plaintiff and the defendant agreed that the additional construction cost equivalent to KRW 60,000,000 should also be KRW 930,000,000 (= KRW 870,000,000).

B. Around December 2009, the Plaintiff had already revoked a construction license and could not issue a tax invoice to the Defendant. As such, the Plaintiff, the Defendant, and the Plaintiff’s creditor, (hereinafter “Stium Construction”), practically performed the instant construction, and the Plaintiff issued the tax invoice to the Defendant under the name of Stz Construction.

C. As the instant construction project was not completed within the scheduled period, the Plaintiff and the Defendant concluded a construction work agreement execution note on November 3, 2010, and the same month thereafter.

4. A person certified as a deed signed by a private person;

(B) Evidence No. 11-1 and the instant final agreement (hereinafter “instant final agreement”). According to the instant final agreement, the date of completion of the instant building shall be December 20, 2010; and the “total balance” that the Defendant is obliged to pay to the Plaintiff after the date of completion of the instant building shall be KRW 407,722,00 (=the agreed construction price of KRW 930,000,000) - the Defendant paid to the Plaintiff or its subcontractor up to that time (paragraph (1)); the instant construction contract shall be immediately terminated; and the Plaintiff shall waive all rights, such as the remaining construction price.

(Paragraph 16). 8. The contractor (Plaintiff) shall complete the completion inspection by December 20, 2010.

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