logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.02.17 2016가단103585
공사대금
Text

1. The Defendant’s KRW 11,155,365 as well as the Plaintiff’s annual rate from January 8, 2015 to February 17, 2017.

Reasons

1. Basic facts

A. On August 4, 2014, the Plaintiff entered into a construction contract with C and Gyeonggi-do, with respect to the construction work for adding a tombstone to and opening a stone shed (hereinafter “instant construction work”) for a clan cemetery located in the area of 2,000 square meters of land D, Seocheon-gun, Gyeonggi-do (hereinafter “instant forest”) as delegated by the Defendant Chairperson, under which the construction contract was concluded between KRW 109,863,600 and the construction period from August 4, 2014 to December 4, 2014.

(hereinafter “instant contract”). (b)

On August 5, 2014, the Plaintiff received down payment of KRW 30,000,000 from the Defendant, and had E continue the instant construction work. From around that time to October 2014, the Plaintiff performed tree planting construction works for the relocation of existing cemeteries, civil engineering works, tin axiss, turfing, and restoration of mountainous districts.

C. The Defendant paid to the Plaintiff KRW 10,000,000 on October 2, 2014, and KRW 10,000,000 on October 17, 2014, respectively.

On December 21, 2014, the head of Si/Gun issued an approval for the restoration of a mountainous district under Article 42(2) of the Mountainous Districts Management Act with respect to the instant project, and completed a completion inspection on development activities on January 7, 2015 pursuant to Article 62 of the National Land Planning and Utilization Act.

E. On October 2014, the forest land of this case was partially planted with grass and seedlings in the state where the surface was revealed, and the stone was stored on some sprinks, and most of the sprinks were covered with a tamper to prevent soil erosion.

Since then, the Plaintiff or E did not have any construction work additionally undertaken in the instant forest, and even around May 2015, the land was revealed in a situation similar to the end of October 2014 because turd and seedlings were not properly cut, and the soil of the sarb was lost in a large scale due to the sarbris incident, and the sarbris, which was revealed by the sarbris or covered by the end of October 2014, was left sarbris and was not properly cut.

[Reasons for Recognition] Gap's 1, 2, 4, 6, 12, 13, 14, and 15, Gap's 11-1 through 11, and Gap's .

arrow