(영문) 의정부지방법원 2020.04.14 2019가단17720

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.04.14 2019가단17720

공사대금

Text

1. The Defendant’s KRW 46,500,000 as well as the Plaintiff’s annual rate of KRW 6% from February 2, 2019 to October 1, 2019.

Reasons

1. The party's assertion and judgment

A. The Plaintiff’s assertion that: (a) around 2018, the Defendant entered into a contract with the Defendant for the construction of fire air conditioners (hereinafter “instant construction” and “the instant construction contract”); and (b) delivered the instant construction work to the Defendant after completing the construction work; and (c) the Defendant is obliged to pay the Plaintiff the remainder of KRW 46,50,000,000, excluding the fixed payment cost of KRW 80,000,000, and the delay damages therefrom.

B. The defendant's assertion did not conclude the contract for construction work of this case with the plaintiff, and since the actual counterpart to the contract for construction work of this case with the plaintiff is not the defendant but the defendant's subcontractor, the defendant is not obligated to pay the construction price to the plaintiff.

Even if the Defendant is liable to pay the construction cost to the Defendant, in the contract between the Defendant and D, 30% of the construction cost was received from the trust company, and the Defendant did not receive the completion money from the trust company, so the time for the payment has not yet arrived.

C. 1) Determination 1) Whether the party to the relevant legal doctrine is the party involved in the contract is the party’s interpretation.

If the parties agree with each other, the parties to the contract shall be determined according to their intention.

However, if the intention of the parties is not consistent, it should be determined on the basis of who understood as the party to the contract if the reasonable person is from the perspective of the other party to the declaration

If the content of a contract is written between the parties to the contract, which is a disposal document, it shall not be cited in the text used in writing, but it shall be limited to what the parties have any intention in mind.

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