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(영문) 대구지방법원 2014.11.27 2014나7689
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 31, 2011, B: (a) the construction of a newly built house for multi-family and a newly built house for multi-family on the ground D (hereinafter “instant construction”) from the Defendant on racing-si (hereinafter “instant construction”) designated and awarded a contract as KRW 240 million for each construction period from June 1, 2011 to September 30, 201; and (b) the construction cost as KRW 200 million.

B. On June 11, 201, between B and B, the Plaintiff entered into a subcontract with respect to the construction part of the instant construction project (hereinafter “instant subcontract”).

A person ordering: The defendant, subcontractor, and subcontractor: The period of construction of the plaintiff: June 15, 201; the contract amount on November 14, 2011 after completion; the method of payment of KRW 424 million (excluding value-added tax and KRW 2.5 million per square); the method of payment of KRW 424 million (excluding value-added tax and KRW 2.6 million per square);

(a) Advance payment: No one;

B. (i) Payment of KRW 70 million on June 30, 201; (ii) Payment of KRW 50 million on the completion of the Shesheshelled construction works; (iii) Payment of KRW 50 million on the commencement of the interior works; and (iv) Payment of balance within ten (10) days after the completion of the construction works;

(c) the terms and conditions of the contract within 15 days of the date on which the ordering person received an adjustment, in accordance with the adjustment and payment (i.e., changes in the economic situation, etc.) within 30 days from the date the ordering person received an adjustment, - Civil and accessory works, shall be separately settled;

(Lighting, etc.) - The ownership shall be transferred at any time at any time when the plaintiff desires to do so with respect to D land.

C. The Plaintiff did not receive the completion payment until June 30, 201 after proceeding with the first floor construction of the multi-family house on the ground above D, and subsequently suspended the construction work around August 201.

B On August 11, 2011, the Plaintiff prepared a certificate of assignment of claims to the effect that “B transfers the construction price of KRW 2.65 million to the Plaintiff that it will be paid by the Defendant with respect to the instant construction work,” and the Defendant was notified of the said assignment of claims on August 18, 201.

E. On the other hand, on August 19, 201, B does not resume the construction of the instant case to the Defendant, and the site work is not conducted for at least five days unless there is any change in weather.

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