logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2016.09.27 2014가단6549
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 20, 2012, the Defendant entered into a subcontract to manufacture and install “B” facilities (hereinafter “instant facilities”) from Macop franchise Co., Ltd. on August 20, 2012, with the content of manufacturing and installing the instant facilities at KRW 155,00,000 (excluding value-added tax) of the construction cost on August 2, 2012.

B. However, in around September 2012, global DNA Co., Ltd. renounced construction due to financial difficulties. On September 20, 2012, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Plaintiff and the content of production and installation in the construction cost of KRW 155,00,000 (excluding value-added tax). The main content of the contract is as follows.

Article 1 (Name of Construction): Article 2 (Construction Price): 155,000,000 won (excluding value-added tax), Article 3 (Prohibition of Substitute Payment) of the Contract

1. Advance payments (15%) : 23,250,000 won (excluding value-added tax) - Advance payments shall be paid as the legal recovery of the funds is terminated due to the destruction of the contract with the global weather company;

2. Part-time payments (70%): 108,50,000 won (excluding value-added tax) - F.O.B. (F.O.B. on November 10, 2012) shall be paid after shipment.

3. Balance (15%): 23,250,00 won (excluding value-added tax) - F.A.C. (F.C) payment shall be made after issuance of the final inspection certificate (hereinafter referred to as “final inspection certificate”);

(Until July 30, 2013). Article 4: (i) From September 21, 2012 to July 30, 2013, the Plaintiff shall compensate the Defendant for 3/1,000 of the cost of construction per day during the period of payment delayed under Article 8 from September 21, 2012 to July 30, 2013.

Article IXGuarantees

5. The warranty period shall be 12 months after the completion of the trial operation and the issuance of FAT (Final Acce test), and 10% of the total construction cost shall be submitted in the form of a warranty bond.

Article 15 Other

4. The amount of additional changes following the modification of drawings during the construction work shall be treated by the plaintiff and the defendant through consultation.

C. The Defendant on January 9, 2013

arrow