logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.03 2016가단5005378
공사대금
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of the statements in Gap evidence Nos. 1, 2, 5, 7, 8 (including household numbers), Eul evidence Nos. 1 to 6, 10 (including household numbers), and the entire purport of the pleadings.

On December 29, 2014, the Plaintiff received a payment of KRW 1,212,290,000 for the total construction period from December 29, 2014 to October 26, 2015 from the Armed Forces Finance Management Group of the Defendant’s Armed Forces, by setting the construction period for the military life zone improvement project from December 29 to October 26, 2015.

(hereinafter referred to as the “instant construction”) B.

Since then, the Plaintiff and the Defendant concluded a contract for construction work (2) as of January 1, 2015, changing the construction period from January 1, 2015 to October 26, 2015 with respect to the said construction work, and the revised contract as of January 15, 2015, changing the construction period from January 29, 2014 to October 26, 2015, changing the revised contract from December 29, 2014 to October 26, 2015; and the Plaintiff’s representative from August 21, 2015, changing the Plaintiff from B to C.

(C) As above, the construction contract that has been modified since the first construction contract was added thereto (hereinafter “instant construction contract”).

On March 23, 2015, the Plaintiff received KRW 330,000,00 as advance payment of the instant construction work from the Defendant.

On June 2015, the Plaintiff filed a claim for KRW 392,788,00 (fair rate of 32.4%) with the primary amount of the instant construction project. Upon recognition of the claim for the payment for completed portion, the Defendant spent KRW 106,921,00, which is equivalent to 32.4% of the advance payment, to the advance payment already paid, and paid KRW 285,867,00 to the Plaintiff.

E. Around August 2015, the Plaintiff filed a claim with the Defendant for KRW 277,662,00 (Fair Rate 22.9%) with the second amount of the instant construction project. However, the contract officer D, who belongs to the Defendant, sent a notice demanding the Plaintiff to claim KRW 159,008,560 on the basis of the inspection results, etc. of E, a supervisor affiliated with the Defendant.

If the above 159,008,560 won was considered as 218,482,00 won, which is the amount equivalent to the fair rate of 18.02%, the total construction cost of advance 330,000 won shall be KRW 1,212,290,000.

arrow