logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.03.15 2017가단32755
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,00,000 and the interest rate of KRW 15% per annum from June 8, 2017 to the date of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff completed the construction work by sewage supply from the Defendant, and obtained approval for the use of the construction work, and the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 66,00,000.

B. The Defendant failed to receive the remainder of construction work from DSS-Bcon Co., Ltd. (hereinafter “DS-Bcon”), and concluded a modified contract with the Plaintiff, and agreed to enter into a special agreement in order to later deduct any defects in the part of the Plaintiff’s construction work as a result of the project owner’s inevitable appraisal of defects. As such, the construction cost of the modified contract cannot be said to be the construction cost fixed, and due to the relationship between the Defendant and DS-Bcon, the Plaintiff and the Defendant caused economic changes in the economic situation, and Article 6

The due date has not yet arrived under the subsection.

2. Facts of recognition;

A. On March 8, 2016, the Plaintiff supplied sewage by determining the following as contract amounting to KRW 1.1 billion from March 8, 2016, the period from March 8, 2016 to May 20, 2016, among the Ansan-style construction works ordered by the Defendant from the Defendant for the construction of an Ansan-style house:

(hereinafter “instant sewage supply contract”). 6. Payment of the price

(a)Advance payments shall be 15 per cent of the price received from the ordering person or in proportion thereto within 15 days from the date of the contract;

A settlement of 75% of the completed portion and not more than 20 days of the following month at the end of each month;

(c) The payment of remainder shall be 10% of the price and 45 days after the completion of a building;

(1) Payment made within 15 days from the date of receipt of the order, in accordance with the contents and proportion of such adjustment, within 30 days from the date of such adjustment;

B. On October 30, 2016, the Plaintiff completed the instant sewage supply project.

C. On February 7, 2017, ESSS-U.D.: (a) obtained approval for use from the competent authority with respect to the above-mentioned Mayang-dong, 1735-6 building in the Soyang-gu, Soyang-dong on February 7, 2017; and (b) obtained approval for use from the competent authority.

arrow