logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.04.26 2016가단1993
공사대금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff asserts to the following purport.

① On May 20, 2015, the Plaintiff concluded a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) by setting the construction cost of KRW 370 million and the construction period from May 20, 2015 to September 30, 2015, with respect to D neighborhood Living Facilities and Housing Construction Corporation (hereinafter “instant construction work”).

② While the Defendant Company was running the instant construction project, the Plaintiff and the Defendant Company paid KRW 20 million for additional construction cost under the condition that the Defendant Company completed the construction project. Accordingly, the construction cost of the said construction project increased to KRW 390 million, and the Plaintiff paid KRW 100 million for down payment and intermediate payment according to the said construction contract.

③ During the instant construction work, the Plaintiff directly performed soup construction work equivalent to KRW 47,00,00,000, such as making soup, kitchen, etc., and paid KRW 40,961,880, such as the price for ready-mixed and equipment, and paid KRW 7,273,680 for damages incurred due to an accident that occurred during the instant construction work. The Plaintiff and the Defendant agreed to deduct the total amount of KRW 95,235,560 from the construction price of the said construction contract.

④ As of January 29, 2016, the remaining construction cost was deducted from 333 million won among the construction cost unpaid under the said construction contract as of January 29, 2016, and the remainder of the construction cost was KRW 61,764,440. However, the Defendant Company’s site agent E paid KRW 100 million on the condition that the construction work under the said construction contract, including Changho Construction, was completed by February 2, 2016.

⑤ On the other hand, upon delay in the instant construction project, the Plaintiff demanded the waiver of the instant construction project to E, and the Defendant C, who served in the Jinjin Fisheries Cooperatives as an external partner of the instant construction project, proposed the said agreement to recover his loans to E.

arrow