logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.28 2017가합32497
공사대금
Text

1. The Defendant’s KRW 270,000,000 as well as the annual rate of KRW 5% from August 11, 2017 to September 28, 2017, and the following.

Reasons

1. Facts below the facts of recognition may be acknowledged either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 17 together with the whole purport of the pleadings.

On December 8, 2016, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant with the following content that the Plaintiff would receive a contract from the Defendant for the construction cost of KRW 450,000,000 for the first return to rural communities and the creation of a housing complex and the new construction of detached houses (hereinafter “instant construction contract”).

Standard contract for private construction works

1. Name of the construction: The first return to the rural village, the creation of a housing complex and the new construction of detached houses in Ansan-dong;

2. The place of the construction project: 1,491 square meters out of the land of Dongducheon-dong 42-163.

3. Date of commencement: From December 2016.

4. Date scheduled for completion: sixty days from the commencement date.

5. Contract amount: 450 thousand won; and

6. Maturity payments: It shall be based on the matters of special agreement; and

Article 39 of the General Conditions for Standard Contract for Private Construction Works

1. Amount paid at the rate of payment of construction expenses by the method of payment of construction expenses (deposit of construction expenses shall be paid directly to the construction contractor) 1st December 16, 2016: 250,000,000 won on January 15, 2017; total of KRW 180,000,000 after the completion of the third construction work;

B. The Plaintiff commenced the instant construction work on December 14, 2016 pursuant to the instant construction contract, but thereafter, the Defendant did not fully pay the Plaintiff construction cost, including down payment.

2. Determination as to the cause of action

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 270,000,000,000 for which the due date has arrived under the instant construction contract (i.e., KRW 20,000 for the first 250,000 for the second 250,000 for the second 1st 20,000 for the delay damages

B. Meanwhile, the Plaintiff, while carrying out the instant construction project, has a duty to pay the Plaintiff the construction cost in excess of KRW 270,924,380 as well as the construction cost agreed upon by the Defendant on the ground that the construction cost up to the date was a total of KRW 391,924,380.

arrow