(영문) 서울동부지방법원 2018.01.10 2017가합103748

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(영문) 서울동부지방법원 2018.01.10 2017가합103748

공사대금

Text

1. Of the instant lawsuits, the part concerning the claim for 570,816,118 won and damages for delay shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. On July 1, 2013, the Plaintiff: (a) constructed reinforced concrete construction works among the new construction works of “a second apartment building in the Busan-dong, Busan-dong; (b)” from the Defendant on July 1, 2013; (c)

(2) The Defendant paid to the Plaintiff KRW 40,405,300 as the construction cost for the part of the period up to October 2013, and issued B2B bonds equivalent to KRW 1,50,400,441,70.

B. On October 21, 2013, the Plaintiff: (a) from the Defendant, the ancillary civil engineering works among the new construction works for “a unit of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building

(2) The Defendant issued B2B electronic bonds worth KRW 159,529,60 to the Plaintiff on October 21, 2013, with the construction period fixed as KRW 710,018,494.

C. The Defendant, upon filing an application for commencing rehabilitation procedures on December 30, 2013, received a decision on commencing rehabilitation procedures (Seoul Central District Court 2013 Gohap291) on January 9, 2014. (2) The Plaintiff was unable to pay the construction price from the Defendant on or after November 2013, and each B2B electronic bond issued by the Defendant was not settled.

1) The construction resumption agreement and the partial repayment of the construction cost, 1) original Defendant and Haki Co., Ltd., the actual main contract for the construction project in Busan dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (hereinafter referred to as “Hakiki,” and 2) and the “YYYYY-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

The Plaintiff and the Defendant agree to change the subcontract term from July 1, 2013 to June 30, 2014.

He shall pay to the Plaintiff the amount equivalent to 58% of the amount of the electronic bond amount of the unsettlement B2B, but the Plaintiff shall be paid to the Defendant equivalent to the above amount of the unsettled.

유사 판례

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