(영문) 서울남부지방법원 2016.06.16 2014가합112522

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.06.16 2014가합112522

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

가. 원고는 종합건설업 면허를 보유하고 토목건축공사업 등을 영위하는 회사이다.

Defendant B and C are the successors of the network D (hereinafter referred to as “the deceased”) that died on October 2, 2013.

B. As of April 29, 2010, the contract form (A evidence 12; hereinafter “instant contract”) on the construction of roads of E land (hereinafter “the instant construction”) was drafted in the name of the deceased and the Plaintiff in the name of the deceased and the Plaintiff. The main contents of the said contract are as follows.

1. Construction name: Construction of roads E;

2. Construction site: Namyang-si E; and

3. Date of commencement: April 30, 2010.

4. Scheduled date of completion: July 30, 2010.

5. Contract amount: Matters concerning the special agreement of KRW 500,000,000,000 for daily deposit, KRW 500,000, and by additional tax.

1. Payment account for the construction cost: The construction cost shall be valid only if deposited into the next account;

Corporate Bank 009-05057-04-012 Filient Construction (State)

C. According to the evidence evidence No. 12 of September 16, 2010, the date of the conclusion of the said change is deemed to have been concluded on September 16, 2010 according to the statement of evidence No. 12, which is the seal of September 14, 2010.

In November 30, 2010, the instant construction contract changed the term of completion to November 30, 2010, in the name of the Deceased and the Plaintiff, and the instant construction was completed around November 201.

Defendant A completed the registration of transfer of ownership on November 28, 2013 with respect to each of the instant real estate on September 30, 2013.

[Ground of recognition] Facts without dispute, Gap 1, 5, 12 evidence (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. On April 29, 2010, the summary of the Plaintiff’s assertion 1 was awarded a contract with the Deceased for the instant construction work.

However, since the deceased paid only part of the construction cost to the plaintiff, the defendant B and C who inherited the deceased's obligation shall be paid the unpaid construction cost and the unpaid construction cost to the plaintiff.

유사 판례

-대구지방법원안동지원 2019.09.19 2019가합88

-대전지방법원 2014.12.17 2014가합100980

-서울고등법원 2015.04.23 2014나44170

-광주지방법원목포지원 2015.11.26 2015가합743

-서울남부지방법원 2016.10.07 2016나2098