logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.06.13 2013가합101365
공사계약해제확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. On December 7, 2011, the Defendant entered into a contract for the construction of the instant building with the owner of the building to remove the existing building and construct a new building (hereinafter “instant building”). The main contents are as follows.

1. Date of commencement: December 20, 2011;

2. Date scheduled for completion: July 20, 2012;

3. Contract amount: 1.75 million won (Won 1,705,000,000) and VAT (Won 1,550,000,000 of the construction cost).

4. Prepaid money: 10 million won (Won 100,000,000) (Won 2) and later, the relocation of the persons who were occupying the existing building does not proceed as scheduled by the Corporation. The Plaintiff and the Defendant are again concluding the instant contract on March 6, 2012 (hereinafter “instant contract”).

and the main contents are as follows:

1. Date of commencement: March 6, 2012;

2. Date scheduled for completion: November 10, 2012.

3. The total amount of contract: 1.550 million won (Won 1,550,000,000) and VAT Map.

4. Contract deposit: one hundred million won (Won 100,000,000)* Remaining after commencement.

(Won 210,000,000). (b)

The Plaintiff paid the Defendant the construction cost in the amount of KRW 10 million on December 12, 201, KRW 100 million on March 9, 2012, KRW 110 million on March 26, 2012, KRW 200 million on May 17, 2012, KRW 50 million on June 14, 201, and KRW 660 million on June 22, 2012.

C. After the termination of the contract, the instant contract was terminated at the end of the dispute over the payment issue of the construction price between the Plaintiff and the Defendant.

As a result of the appraiser C’s appraisal of this case, the part executed by the Defendant was 39.47%, and the construction cost accordingly was appraised as KRW 611,785,00 (the total construction cost of KRW 1.550 million x 39.47%).

[Reasons for Recognition] Unsatisfy, Results of appraiser C’s appraisal, the purport of the whole pleadings

2. Determination as to the claim

A. The plaintiff's assertion that the plaintiff paid KRW 660 million to the defendant as the construction price, and the construction price as to the completed dismissal executed by the defendant is KRW 611,785,00, and thus, the defendant is the plaintiff.

arrow