logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.01.27 2020가단245686
공사대금
Text

1. The defendant's KRW 87,450,00 for the plaintiff and 6% per annum from June 30, 2020 to January 27, 2021.

Reasons

The Plaintiff entered into a contract with C (hereinafter referred to as “C”) for construction works newly constructed D on May 24, 2016 with fixed shares, with D, on November 24, 2016. The Plaintiff: (a) entered into a subcontract agreement with the period of construction from December 1, 2016 to March 31, 2018 (hereinafter referred to as “subcontract”); (b) the Plaintiff paid KRW 45 million out of the price for the instant subcontract; (c) the Plaintiff paid KRW 195,700,000 to the Plaintiff on January 10, 2018; (d) the Plaintiff did not directly pay the remainder to the Plaintiff within 105,000,000 won in the instant subcontract payment to the Plaintiff; or (e) the Plaintiff did not directly pay the remainder to the Plaintiff within 105,000,0000 won in the form of loan 20,000,0000 won in the form of direct dispute.

The plaintiff is liable to pay the subcontract price unpaid by C in accordance with the letter of non-performance agreement of this case.

The defendant asserts that it does not exist after dissolution through the general meeting of dissolution, and that he does not have the obligation to pay the above money to the extent that he does not pay the contribution by the fixed equity system.

As long as C promises to pay the price of the subcontracted project of this case, which is not directly paid by C with the instant direct non-payment consent within the scope of KRW 195,70,00,000, the Defendant is obligated to pay the said price separately from the relationship with C. As long as the above affairs exist, a corporation shall continue to exist, regardless of whether the Defendant’s general meeting of dissolution exists. As such, the Defendant filed a claim with the Plaintiff for delayed damages on June 30, 2020 (the Plaintiff filed a claim for late payment damages from January 11, 2018, while the instant direct payment consent of this case is written within 10 days after the outstanding loan was completed, on the other hand, after the remainder payment consent of this case.

arrow