logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.28 2013가합40990
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's ground for claim

A. On January 21, 2010, the Plaintiff and EEX Construction Co., Ltd. (hereinafter “EEX construction”) entered into a contract with EEX Construction to subcontract to the Plaintiff (hereinafter “the first construction contract in this case”) with concrete frame structure, steel structure installation and finishing work (hereinafter “instant primary construction”) among the “B” construction works undertaken in SEXA.

B. In addition, on May 15, 2011, the Plaintiff and the Defendant concluded a contract with the Plaintiff under which the Defendant would subcontract to the Plaintiff (hereinafter “the instant second construction contract”) the instant construction works, including the installation of steel structure, installation of index plates, and concrete finishing works (hereinafter “instant secondary construction”). In addition, the Plaintiff and the Defendant concluded a contract with the Plaintiff under which the Defendant would subcontract to the Plaintiff (hereinafter “instant second construction contract”).

C. On July 13, 2011, the Plaintiff, the Defendant, and EEMMNT entered into a contract on the change of the contractor (NOVAIOEMNT) with the Defendant’s succession to the status of the contracting parties to the instant first construction contract.

On April 1, 2012, the date of completion of the work under the first and second construction contracts, the Plaintiff and the Defendant entered into the instant first construction contract with the purport that the construction cost under the second construction contract is USD 10,688,84.54, and that the construction cost under the second construction contract is USD 2,675,66.52, and entered into the instant second construction contract with the purport that the construction cost under the second construction contract is USD 2,675,66.52, and entered into the instant second construction contract with the confirmation that the Plaintiff completed the instant construction on April 24, 2012.

E. Since the Plaintiff completed all of the instant construction works, the Defendant was obligated to pay the construction price to the Plaintiff, the Defendant did not pay USD 689,354.24 of the construction price under the instant first construction contract to the Plaintiff.

F. Meanwhile, the Plaintiff and the Plaintiff.

arrow