logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.06.17 2015가합291
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 30,220,138 to the Defendant (Counterclaim Plaintiff) and its amount from June 4, 2015 to June 17, 2016.

Reasons

1. Basic facts

A. On February 24, 2014, the Defendant received a contract from Samsung Engineering Co., Ltd. (hereinafter “Tsung Engineering”) to install facilities, such as automatic control devices, pipes, pipes, distribution lines, air conditioners, heating facilities, medicine manufacturing facilities, etc. (hereinafter “instant construction”).

B. As between the Plaintiff and the Defendant, a contract was made between the Defendant and the Plaintiff with a subcontract price of KRW 1,094,000 (the supply price of KRW 994,50,000, KRW 99,455,00, KRW 99,55,00).

C. By January 31, 2005, the Plaintiff continued the instant construction and suspended the construction under the agreement with the Defendant, and thereafter the Defendant completed the instant construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. On April 2014, the Plaintiff’s assertion entered into a contract with the Defendant for the supply of human resources and for the supply of materials, and continued the instant construction.

According to the above contract, the defendant directly paid the personnel expenses for the persons offered by the plaintiff and the price for the materials procured by the plaintiff to the human body and the material supplier.

Upon the Defendant’s request from April 2014 to January 31, 2015, the Plaintiff paid a total of KRW 928,053,031 as material price to a material supplier. As such, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 388,553,031 and delay damages after deducting KRW 539,50,000 from the said amount.

B. The confession during a trial is a statement of facts unfavorable to himself/herself, consistent with the allegations by the other party on the date for pleading or at the date for preparatory pleading, and once a confession during a trial has been established, the court is bound by the said court unless it has been lawfully revoked. Thus, the court is a confession made as to the facts without any dispute

arrow