(영문) 수원지방법원 2018.02.22 2017나55367

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Reasons

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(영문) 수원지방법원 2018.02.22 2017나55367

공사대금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells clags, bricks, and others, and the Defendant is a person who manufactures and sells clags, etc. with a trade name called C.

B. On April 27, 2016, the Plaintiff entered into a contract with the Defendant for the supply of construction works and supplies (hereinafter “instant contract”).

1. Name of the project: B execution (hereinafter “instant construction”);

2. Place of installation: Within the Incheon Airport.

3. Period of installation: From April 27, 2016 to October 4, 2016, the total amount: 70,400,000 won (including value-added tax).

5. Terms and conditions of payment: KRW 10 million, intermediate payment, KRW 20 million (by no later than May 6, 2016), the remainder 40 million (temporary payment by no later than May 20, 2016).

C. On May 10, 2016, the Plaintiff manufactured part of the goods under the instant contract, and delivered them to the Defendant at the factory owned by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff produced each of the goods under the instant contract, and delivered them to the Defendant, thereby completing the performance of the obligations under the instant contract. 2) The Plaintiff also agreed to perform additional construction works in relation to the instant construction works in KRW 1.65 million between the Defendant and the Defendant, and completed this.

3) The Plaintiff received KRW 20 million from the Defendant. As such, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 52 million (i.e., the additional construction cost of KRW 1.65 million - KRW 20 million), and damages for delay thereof. (ii) The Defendant’s assertion 1) among the goods under the instant contract, the Plaintiff did not supply each of the goods listed in the attached Table 1, such as the floor of the accident, the pipe, the pipe, the subsidiary material, and the ice stack.

2) According to the instant contract, the Plaintiff is obligated to deliver the goods to the Defendant and transport them to the Incheon State Port of Supply.

However, there is a problem.

유사 판례

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