logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.07.08 2019나27002
공사대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on June 25, 1997 for the purpose of designing and consulting computer systems.

The defendant is a corporation established on January 3, 2013 for the purpose of construction business, construction business, etc.

B. On November 12, 2014, the Defendant subcontracted the construction of network, information system, and intelligent cable management system (hereinafter “Cms”) from D among the Jeju Newcomcom Communications Corporation, and subsequently re-subcontracted the Plaintiff with the construction cost of KRW 173,880,000 (value added tax; hereinafter the same shall apply).

In light of the evidence of this case and the purport of the entire pleadings, the Plaintiff: (a) supplied all the remainder of the goods except for “Cms DB construction work, such as item items;” and (b) paid to the Plaintiff totaling KRW 142,880,000,000.

C. Around November 2014, the Plaintiff re-subcontracted the construction cost of KRW 19,900,000 for the portion of the “CmP Construction” (hereinafter “instant construction”).

On January 27, 2015, the Plaintiff sent CMS F drawings, etc. received from the Defendant to E, thereby starting CMS construction work.

E visited the Jeju-do site on March 2, 2015, submitted to the Plaintiff and the Defendant on March 3, 2015, a work report on the completion of at least 60% of work, based on the network location model set up at the time.

On August 31, 2015, the Plaintiff paid KRW 5,000,000 to E.

On May 7, 2015, the Plaintiff and the Defendant are separately removed only the instant construction work cost of KRW 31,00,000,000, and the down payment shall be KRW 10,000,000, and the remainder 21,000,000 shall be paid to the “within 30 days after the completion of delivery” (hereinafter “instant contract”).

arrow