logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.07.31 2014가합1314
공사대금
Text

1. The Defendant’s KRW 84,314,00 for the Plaintiff and KRW 6% per annum from February 20, 2014 to July 31, 2014.

Reasons

1. Facts of recognition;

A. On June 11, 2012, the Plaintiff concluded the instant construction contract with the Defendant as follows.

[The construction contract of this case] o Orderer: the defendant, contractor: the plaintiff

1. The name of construction works: New construction works of houses;

2. Construction site: Pocheon-si B

3. Construction amount: 20 million won (excluding value-added tax of 10 million won);

4. Construction period: From June 11, 2012 to October 11, 2012 (the contractor’s construction works shall be 120 days from the commencement date of the construction works, and may be extended if there is any change in rain or construction consultation. The construction works shall be completed on the number of days determined by the project owner and the contractor).

5. Payment of the price: The down payment of 30 million won at the time of concluding the contract / the intermediate payment after the steel framed work/ the remainder after the completion thereof.

B. The Plaintiff received the total construction cost of KRW 74 million from the Defendant (i.e., the intermediate payment of KRW 20 million on August 17, 2012, the intermediate payment of KRW 24 million on the part payment of KRW 20 million on the part payment of KRW 10 million on the part payment of KRW 20 million on the part payment of KRW 10 million on the part payment of August 17, 2012, and then became the outstanding amount of KRW 86 million on the part payment of KRW 10 million on the part payment of construction equipment from the Defendant.

C. The Defendant received a completed newly-built house from the Plaintiff, and obtained approval for use from the competent authority on December 2013, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the construction cost under the instant construction contract is KRW 101,416,00 (i.e., the outstanding amount of KRW 86,00,000,000 for multi-use rooms, and for the installation of boiler rooms, 15,416,000 for additional construction works, such as rooftop tower and water storage works) and its delay damages.

B. Determination 1) According to the above facts, the defendant is obligated to pay the outstanding amount, KRW 86 million, and delay damages based on the instant construction contract that the plaintiff is the plaintiff, unless there are special circumstances.

B. Furthermore, with respect to the additional construction work, the health team, first priority, and the defendant.

arrow