(영문) 제주지방법원 2020.01.22 2019나10965

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 제주지방법원 2020.01.22 2019나10965

공사대금

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

Reasons

1. Facts of recognition;

A. On April 10, 2017, the Defendant entered into a contract with the Plaintiff on construction to provide that among the new construction works for accommodation facilities located in D located in Jeju-si (including value-added tax) for the payment of KRW 176,00,000 for the third day (including value-added tax) and the period from April 17, 2017 to September 30, 2017, the Plaintiff and the Plaintiff agreed to change the warranty period into KRW 216,00,000 (including value-added tax) for September 8, 2017, from April 17, 2017 to April 5, 2018, respectively.

B. On September 20, 2017, the Defendant entered into a contract with the Plaintiff for construction works that specify the cost of the sanitary instrument construction from September 20, 2017 to October 30, 2017 (including value-added tax); and entered into a contract with the Plaintiff to subcontract the construction works for the period from September 20, 2017 to October 30, 2017; and entered into an agreement with the Plaintiff on October 16, 2017 to KRW 144,40,00 (including value-added tax); the price of October 30, 2017 to KRW 145,40,00 (including value-added tax); and the period from September 30, 2017 to April 5, 2018; and each of the defect warranty period changes to the warranty period.

C. The Plaintiff completed all of the instant construction works and the sanitary photography (hereinafter collectively referred to as “each of the instant construction works”), and the building of the instant living accommodation was completed around April 5, 2018.

Around July 17, 2018, upon receiving the Plaintiff’s claim for construction cost, the Defendant responded to the purport that the Plaintiff would pay the unpaid construction cost within the time that the payment was not made, because it was difficult for the Plaintiff to receive any balance due to a Mache, Inc., Ltd., the executory company.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1 through 4, Gap evidence 3, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall make a total of 361,400 of the construction cost of each of the instant case to the plaintiff.

유사 판례

-제주지방법원 2019.02.12 2018가단10141

-제주지방법원 2020.01.22 2019나10965

-제주지방법원 2019.04.23 2017가단11789

-서울중앙지방법원 2017.01.13 2014가합532571

-제주지방법원 2019.02.12 2018가단58570