logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.12.11 2018가합708
공사대금
Text

1. The Defendant’s KRW 61,636 as well as the Plaintiff’s KRW 61% per annum from April 27, 2018 to December 11, 2019.

Reasons

1. Determination as to the cause of claim

A. On October 31, 2015, the Plaintiff: (a) on October 31, 2015, built fire-fighting equipment construction works from the Defendant for the new construction of C Building (hereinafter “first construction works”).

(1) The term “the first contract for construction work” (hereinafter referred to as “the contract for the first construction project”) provides that a contract shall be made for the construction period of KRW 107,580,000 (including value-added tax) from October 1, 2015 to February 26, 2016.

(2) On February 12, 2016, the Plaintiff concluded a contract with the Defendant on the terms that the Plaintiff would receive a contract for fire-fighting works, sanitary facilities, and fire-fighting facilities (hereinafter “second construction works”) from the Defendant during the construction period as KRW 384,586,746 (including value-added tax) by the end of June 2016.

3) The Plaintiff completed both 1 and 2 construction works. (b) According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the total construction cost of KRW 492,16,746 (=107,580,000 + 384,586,746, as sought by the Plaintiff, in accordance with the Plaintiff’s request, 257,424,315 and delay damages.

2. Judgment on the defendant's defense for repayment

A. The Defendant’s defense was paid KRW 492,10,00 in total to the account of the Plaintiff, the head of the site of the Plaintiff, the E, and the second construction, and the material supplier thereof, upon the demand of E representing or representing the Plaintiff.

B. Determination 1) In full view of the purport of the entire arguments, including each serial number, E was appointed as the representative director of the Plaintiff on April 1, 2015 and resigned from the above representative director on January 6, 2016. However, E was still in the position of the representative director at the time of conclusion of the first construction contract, E was in the position of the Plaintiff’s representative director at the time of conclusion of the first construction contract, and after the resignation of the representative director as above, entered into the second construction contract with the Defendant on February 12, 2016 on behalf of the Plaintiff on February 12, 2016, and E was the representative or representative of the Plaintiff.

arrow