(영문) 부산지방법원 2014.10.30 2013가합5889

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(영문) 부산지방법원 2014.10.30 2013가합5889

공사대금

Text

1. The Defendant’s KRW 254,976,00 for the Plaintiff and KRW 6% per annum from November 8, 2012 to October 30, 2014.

Reasons

1. Basic facts

A. On July 12, 2012, the Plaintiff asserted that the Defendant is one of the parties to the instant construction contract as the second contractor under the instant construction contract. However, in full view of the following: (a) the Plaintiff introduced the Plaintiff as the Plaintiff; and (b) the Defendant paid the instant construction contract to the construction cost of KRW 990 million (including value-added tax); and (c) the construction period from July 12, 2012 to October 9, 2012 (hereinafter “instant construction contract”), the Defendant entered F as the second contractor under the instant construction contract; and (d) the Plaintiff participated as the general representative of the instant construction project; (b) the Plaintiff was asserting that F was one of the parties to the instant construction contract; (c) the Plaintiff was the party to the instant construction contract; (d) the Defendant introduced the Plaintiff as the party to the instant construction project; and (e) the Defendant paid the instant construction cost to the Plaintiff in full view of the Plaintiff’s testimony and the entire purport of the witnessF’s testimony and pleading.

(2) The main contents are as follows:

Upon entering into this construction project, the client refers to “A” (Defendant) and “B” (E representative Plaintiff) shall be named as “B” (E representative Plaintiff) and the contract shall be entered into as follows:

Provided, That in relation to the performance of contracts, special agreements shall prevail over this contract term.

Article 7 [Compensation for Delay] There is no defect in the construction after open, and at the time of deposit after the bank appraisal, A shall deposit the balance of the construction to B within 15 days.

Article 9 (Completion of Construction Works) The Completion of Construction Works shall be as follows: A shall be fully examined and confirmed by A, and if there is a defect, the modification, direction, and construction shall be made to B before the commencement of the construction; and if A and B conduct an operation by transfer under agreement with B, it shall be as completed and the balance shall be paid.

After commencement of the operation, A.

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