(영문) 춘천지방법원강릉지원 2016.12.13 2016나51054

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(영문) 춘천지방법원강릉지원 2016.12.13 2016나51054

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. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 8 as to the cause of the claim, the plaintiff was awarded a contract with the defendant for the construction cost of KRW 110 million (including value-added tax) from August 31, 2015 to October 18, 2015 (hereinafter “instant construction contract”); ② the plaintiff completed the construction within the said construction period; ② the plaintiff was paid only KRW 100 million out of the construction cost; and the remainder of KRW 10 million was not paid.

According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 15% per annum from January 27, 2016 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, as the construction cost of KRW 10 million and after the completion date of the construction.

2. Judgment on the defendant's assertion

A. The Plaintiff, not the Defendant, was directly awarded a contract for the instant construction work from D, the principal contractor.

The Plaintiff did not have a comprehensive construction license for the instant construction work, which was concluded by the Defendant, and that was subcontracted by the Defendant to the Plaintiff, and only prepared the instant construction contract and also prepared by the Plaintiff E, who is not the representative director of the Defendant.

In addition, the defendant has not received the construction cost from D.

Therefore, the plaintiff cannot respond to the request.

B. Since the contractor of the instant construction contract, which is the disposition document, stipulates the defendant as the defendant, it shall be deemed that the instant construction contract was concluded between the plaintiff and the defendant in accordance with the language and text of the contract, barring any special circumstances, and the defendant bears the burden of proving the special circumstances to reverse this. There is no evidence to reverse

Furthermore, as seen above, the Plaintiff and the Defendant raise objection.

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