logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.28 2014가단238483
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 29, 2013, the Defendant received an order from the Korea Forest Service to construct a Ulsan helicopter hangar, and contracted part of its construction to Nonparty Won Construction Co., Ltd.

(hereinafter referred to as the “Prior Contract”). (b) The contract between the Defendant Construction will be concluded.

The original construction made an agreement on July 12, 2013 with the Defendant on July 15, 2013 on the waiver of the remaining construction works, and on July 15, 2013 on the settlement of construction cost with the Defendant as KRW 650,284,428.

Accordingly, the defendant paid the remainder offseting 19,508,532 won from the original construction as the settlement price.

C. Thereafter, on August 19, 2013, the Defendant contracted the remaining construction to the Plaintiff on August 19, 2013.

(C) The Plaintiff agreed to suspend construction work on July 30, 2014 while performing the remaining construction work, and settle the construction cost at KRW 586,701,742 with the Defendant. The Defendant paid the Plaintiff the remainder, excluding KRW 3,547,52, out of the settlement amount.

On the other hand, the original construction entered into a contract on the premise that the claim against the Defendant remains under the preceding contract, and the Plaintiff notified the Defendant of the transfer.

[Grounds for Recognition: Facts without dispute, Gap 1-15, Eul 1-6, the purport of the whole pleadings]

2. Determination:

A. The fact that the Defendant agreed to offset the obligation to pay the construction price and the obligation to deposit the warranty bond for the original construction between the original construction company and the original construction company with respect to the preceding contract and that the remainder of the construction price has been paid is as seen earlier. Therefore, the Defendant’s obligation to pay the construction price for the original construction is extinguished.

However, according to the reference materials of the original defendant's submission, the warranty period for the original construction is three years from the date of approval for use, and the date of approval for use is October 31, 2014, and the original construction occurs during the warranty period.

arrow