logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.05.29 2014가합8671
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 240,00,000 by September 30, 2015 and the interest thereon from October 1, 2015 to the date of full payment.

Reasons

1. According to the purport of evidence evidence No. 1 and the entire pleadings, the Defendant agreed to pay to the Plaintiff KRW 240,000,000 as the electrical construction price on September 22, 2014 by paying a part of the amount on the last day of each month from October 30, 2014 to September 30, 2015, and the Defendant, unlike the above agreement, has not paid money once until the last day of each month.

2. The Plaintiff’s determination on the cause of the claim sought an immediate performance of the entire agreed amount of KRW 240,00,000,000. As seen above, it is recognized that the Plaintiff and the Plaintiff agreed to pay the amount of KRW 240,000,000 as to the due date of payment of the agreed amount by the method of paying a part of the amount on the last day of September 30, 2015. However, as to the amount that the Defendant is liable to pay on the last day of each month pursuant to the above agreement, it is merely stated in the above payment angle as “the part on the last day of each month,” and it cannot be specified because there is no other evidence to know it. Accordingly, the due date of payment under the above agreement should be deemed to be until September 30, 2015 as to the entire agreed amount of KRW 240,000,000.

Therefore, the plaintiff's assertion seeking an immediate implementation of the total amount of KRW 240,000,000 is without merit.

However, the Plaintiff’s claim of this case seeking immediate performance includes the purport of seeking the performance of the obligation upon arrival of the future due date. Meanwhile, considering the Defendant’s management deterioration as to the lump-sum payment payment obligation owed by the Defendant, the above agreement is deemed to have suspended the payment of the construction price obligation under the Defendant’s promise that the Plaintiff would pay the payment of the lump-sum payment payment obligation in installments as of the last day of each month, but the Defendant failed to perform the payment obligation once until then after October 2014, taking into account that the payment obligation under the agreement has not been met, the Defendant cannot expect the Defendant’s voluntary performance even if the due date arrives.

arrow