logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.08 2015가단5130376
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 60,016,196 and KRW 60,000 among them, from October 30, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On January 15, 2015, the Plaintiff (contractor) and the Defendant (contractor)

B. The construction contract of this case or the construction contract of this case (hereinafter “the instant construction contract”) was concluded on the second floor C non-humane and Non-Yacheon (hereinafter “the instant hospital”), and the main contents are as follows.

A construction period: The construction cost from January 27, 2015 to March 18, 2015: 150,000,000 won for the construction cost (Additional Tax Map), 45,000,000 won for the retainer payment on January 30, 2015; the intermediate payment payment of KRW 60,000,000 for the remainder payment on February 24, 2015; the payment on March 18, 2015; and the deposit of KRW 45,00,000 for the value-added tax on March 18, 2015; and the payment on deposit after the tax invoice on March 18, 2015;

The payment of the price shall be in cash.

If the payment is not made on the date of payment, the defendant shall pay 20% interest per annum on the payable amount.

Compensation for delay: 1/1,00 of the contract amount per delay day;

1.(b)

The Plaintiff completed the instant construction, and the Defendant commenced medical treatment at the instant hospital from March 25, 2015.

C. On March 24, 2015, the Plaintiff issued an electronic tax invoice of KRW 165,000,000, including the aggregate of KRW 15,000,000,000, to the Defendant. Pursuant to the instant construction contract, the Plaintiff issued the warranty insurance policy to the Defendant on April 14, 2015.

The Defendant paid the Plaintiff KRW 45,00,000 and the intermediate payment KRW 60,000,000, out of the amount of the instant construction contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of the recognition of the unpaid construction cost, the Defendant is obligated to pay to the Plaintiff the remainder and additional taxes totaling KRW 60,000,000 among the payment for the instant construction contract and the delay damages for the contract from April 2, 2015 after one week from the date of medical treatment.

B. The Plaintiff asserted one of the household construction cost from the Defendant separate from the instant construction contract.

arrow