(영문) 창원지방법원 2020.07.23 2019나1774 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2020.07.23 2019나1774

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a construction company that mainly aims at the construction business, etc., with the trade name of “C”, and the Defendant is a construction company that mainly engages in the construction business.

B. Around November 23, 2016, the Defendant entered into a construction contract with D Co., Ltd. (hereinafter “C”) with the content that the Defendant would construct a primary complex building on the land surface of Sacheon-si E and F, and the construction cost of KRW 3,380,000 (including value-added tax; hereinafter the same shall apply) with the construction cost up to October 31, 2017 (hereinafter “instant prime contract”) and entered into a contract with D, which includes the following terms at the time of the said contract.

Terms and Conditions of Construction Contracts

9. The settlement of construction cost shall be made by mutual agreement between the parties with the Bank Construction Fund (PF);

11. At the time of the payment of the construction cost, sewage companies by process shall file a claim with the representative director G, and any civil or criminal part shall not be filed with the representative director B (Defendant) H.

14.In the case of final settlement following the completion of construction, D shall ensure that the agreed minimum profit has been made to the Bank of Bankruptcy.

(hereinafter referred to as "second sentence omitted") 15. After the completion of the construction, the Dispute Resolution Co., Ltd shall not make any demand for the repair of defects to the Dispute Resolution Co., Ltd., and the Dispute Resolution Co., Ltd shall not be responsible and liable to it.

C. On April 11, 2017, the Plaintiff entered into a subcontract for construction works with the Defendant to supply the portion of painting construction works among the original construction works of this case to the Defendant for the construction period of KRW 30,80,000 as until September 30, 2017 (hereinafter “instant subcontract”) (hereinafter “instant subcontract”), and entered into a contract terms including the following terms at the time of the said contract:

(subcontract)the terms of the contract;

3.In the event of failure to pay the construction costs relating to the above contract, the amount of execution shall be subject to drawings and specifications.

유사 판례

-서울중앙지방법원 2016.04.05 2014가단58953

-대구지방법원 2015.05.29 2013가합200616

-춘천지방법원원주지원 2020.07.24 2018가단307739

-전주지방법원 군산지원 2018.06.28 2015가합11863

-부산지방법원동부지원 2019.09.04 2018가단204383