logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.20 2013가합557115
공사대금
Text

1. The Defendant’s KRW 396,452,200 as well as 6% per annum from March 22, 2013 to June 29, 2015 to the Plaintiff.

Reasons

1. In full view of the purport of the entire pleadings as a result of the appraisal by Gap's evidence Nos. 1 through 3, 5 through 7, 9 through 16, Eul's testimony and appraiser Eul's appraisal as to the cause of the claim, the plaintiff entered into a contract with the defendant for the construction of a new E Hospital Hall in Seoul Special Metropolitan City, Nowon-gu (hereinafter "the instant separate contract") (hereinafter "the instant construction") with the construction cost of KRW 1,397,00,000 (including value-added tax) around March 22, 2013 (hereinafter "the instant one contract"), and completed the construction of the instant case on or around March 22, 2013. Since the plaintiff received a total of KRW 1,00,547,80 from the defendant as the construction cost of the instant case by March 22, 2013, the plaintiff is obligated to pay the remainder of the construction cost of KRW 397,400,705,700.

2. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion 1) was the fact that the instant contract was concluded between the Plaintiff and the Defendant as the contractor of the instant construction project, but the actual contractor of the instant construction project is F, and the instant contract was concluded by the Plaintiff as the contractor to lend the Plaintiff’s license due to the relationship without a construction business license. 2) After the conclusion of the instant contract, F and the Defendant become aware that it is not necessary to obtain a construction business license among the instant construction projects (hereinafter “the instant interior works”), and between the Plaintiff and the Defendant as to the remainder of the construction project other than the instant interior works (hereinafter “the instant interior works”), the contract amount of construction cost of KRW 1,075,800,000 (including value-added tax) (hereinafter “the instant contract amount”).

arrow