logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.12.09 2015나4359
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the electrical construction business, etc., and the Defendant is a private entrepreneur who runs the wholesale and retail business in the name of “B”.

B. On March 10, 2014, the Plaintiff and the Defendant entered into an electrical construction contract (hereinafter “instant contract”) with respect to the building newly built on the land outside Daegu-gun, and two parcels (hereinafter “instant building”). The main content of the standard contract for electrical construction (hereinafter “instant contract”) written in entering into the instant contract is as follows.

1. Construction name: Electric installations to be supplied with electricity from the electric installations of others or to be supplied with electricity from the premises of the electric power generation facilities and to be supplied with the internal power distribution facilities for the supply of electricity; from the electric power station to the power distribution team for the supply of electricity to the internal power distribution facilities; 150kmW 380V construction;

2. Construction site: The Daegu-gun and two parcels, both of which are located;

3. Date of commencement of a construction period: 18,700,000 won (value of supply: 17,000,000 won, value-added tax: 1,700,000 won) for April 30, 2014;

6. The period of warranty for defects (one year);

C. After the Defendant completed electrical construction on the instant building, the Plaintiff was determined by the Korea Electrical Safety Corporation on March 20, 2014 as passing an inspection prior to the use of the hydroelectric facilities on the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, witness D's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion completed electrical construction on the instant building in accordance with the instant contract, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 18,700,000 as stipulated in the instant contract and the delay damages therefor.

B. The Defendant’s assertion 1 contracts are installed not only in the electrical construction of water power plant but also in the building of power facilities for the first and second floors of the instant building.

arrow