(영문) 수원지방법원 2015.02.13 2014나21479

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(영문) 수원지방법원 2015.02.13 2014나21479

공사대금

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The Plaintiff asserts that, on February 23, 2011, the Plaintiff is obligated to pay the Plaintiff the unpaid payment of KRW 74.9 million out of KRW 148.5 million (including value-added tax) as well as the delayed payment for the construction of the steel sector (hereinafter “instant construction”) with respect to the construction of the steel sector (hereinafter “the instant entire construction”) among the construction works consisting of the Defendant and the Sinung-dong Nung-dong Nungdong (hereinafter “the instant entire construction”).

The defendant asserts that the contract of this case was rescinded or terminated due to the plaintiff's failure to deposit the contract bond, and thereafter entered into the contract for the construction work of this case with C, and Eul awarded the contract for the construction work of this case to the plaintiff, but it did not pay the plaintiff the contract price for the whole construction work of this case including the construction work of this case.

2. Determination

A. The Defendant awarded a contract for all of the instant construction works except the instant construction works, among the entire construction works, to C. As to the instant construction works upon introduction of the Plaintiff from C, the Defendant set the construction period between March 1, 201 and March 20, 201, and the Plaintiff as the construction cost of KRW 135 million between March 1, 2011 and March 20, 201, and the construction contract for the instant construction works (hereinafter “instant contract”).

A) The Plaintiff entered into the instant contract. Article 14 of the instant contract provides that the contract deposit shall be deposited with cash or bank guarantee equivalent to 10/100, and C shall be jointly and severally guaranteed the instant contract at that time (hereinafter “instant contract”). However, although the instant contract is written as of March 201 with the same word, it shall be deleted as it was written as of March 201 with the same word, and it shall not interfere with the said recognition, in light of the fact that the instant contract was written as of February 23, 201 with the same word, and was added as of February 23, 2011.

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