logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.20 2017가합1945
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the interior construction business with the trade name of “D”, and the Defendant is a company established for the purpose of the commercial building development and operation business.

B. On August 2013, the Plaintiff concluded the instant construction contract (hereinafter “instant construction contract”) with respect to the interior interior interior interior interior interior interior interior of the second floor of the E department store (hereinafter “instant construction”) as follows.

(Omission)

3. Scale of construction: Two toilets for 40 burials in the second floor and three-story F offices;

4. The scope of construction works: A project for interior interior interior interior interior works (including removal works);

5. Period: From August 16, 2013, the commencement of construction.

6. Contract amount: 2,700,000 won (including surtax) per square day, and area of 808 square meters.

C. Around October 2013, the Plaintiff suspended the progress of the instant construction project, and on November 13, 2013 of the same year, prepared a letter of waiver of construction (hereinafter “instant letter of waiver of construction”) stating that “I waive the said construction due to various problems that the Plaintiff would proceed with the instant construction project,” and issued it to the Defendant.

On November 16, 2013, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with G Co., Ltd. (hereinafter “G”) on the instant construction project, as follows:

(Omission)

3. Scale of construction: Two toilets for the entire store in the second floor;

4. The scope of construction works: Any interior interior interior work (including any removal work);

5. Construction period: From November 18, 2013 when completion of sale is completed from the commencement date.

6. Contract amount: Area of the construction work of KRW 2,700,000 (including surtax) per square day, special conditions of KRW 800.

7. In D, Corporation H, and I shall recognize 80% of the percentage of work and recognize only 50% of the percentage of work in Jho (in total of four sites).

The remaining timber materials shall be paid in a fixed amount under mutual agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On November 14, 2013, the Plaintiff’s assertion may suspend the construction from K’s representative director.

arrow