logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.04.28 2015가합204218
공사대금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 1,276,820,236 to the Plaintiff (Counterclaim Defendant) and its related amount from June 25, 2015 to April 28, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company running a building work business, an engineering work business, etc., and Defendant B entered into a contract with the Plaintiff for a new construction work (hereinafter “instant construction work”) that constructs two or more accommodation facilities on the ground of Spocheon-si D (hereinafter “instant hotel”), and Defendant C is the wife of Defendant B.

The construction period: The rate of penalty for delay (including value-added tax) of 5.5 billion won for delay: October 25, 2014; completed on May 30, 2015: The owner of the building on October 25, 2014: the Plaintiff

B. On October 25, 2014, the Plaintiff and Defendant B entered into the instant construction contract (hereinafter “instant contract”) with the following content, and entered into a construction contract (hereinafter “instant contract”).

A construction period: The contract amount on October 30, 2014, completed June 25, 2015 (Provided, That where delay is due to reasons attributable to the ordering place, it shall be extended as much as the period): The rate of liquidated damages (including value-added tax) in the amount of KRW 6.38 billion: 1/1000: the contract date: the owner on October 24, 2014: the Plaintiff;

C. The Plaintiff and Defendant B drafted the instant construction contract (hereinafter “instant contract”) with the following contents:

On November 21, 2014, the Mapocheon City accepted the report on the commencement of the instant construction works, and the said report on the commencement of construction works stated “the owner: the Defendants, and the scheduled date of commencement: November 26, 2014.”

E. The Plaintiff performed the instant construction from November 2014 to June 2015, and the Pocheon City approved the use of the instant hotel on June 19, 2015.

F. On June 22, 2015, the Defendants completed the registration of initial ownership relating to each one-half portion of the hotel of this case.

G. On June 24, 2015, the Plaintiff delivered the instant hotel to Defendant B at the latest, and completed the instant construction site.

H. The Plaintiff’s total construction cost of KRW 4,826,518,00 among the construction cost of the instant case is KRW 481,518,000.

arrow