logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.23 2012가합27561
손해배상(기)
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

A. (1) On March 27, 2012, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with the Plaintiff to set the period of construction of reinforced concrete construction works among the Cmiddle School Construction Works contracted by the Plaintiff from Suwonwon Green Co., Ltd. (hereinafter “Cmiddle School Love”), starting from March 26, 2012 to September 30, 2012, with the construction amount of KRW 1.331 million (including value-added tax) as the subcontract period, and entered into a contract with each of the Defendant Company as the subcontract period.

(2) On April 19, 2012, between the Plaintiff and the Plaintiff, the Defendant Company concluded a subcontract agreement with each of the Defendant Company, setting the construction period of reinforced concrete construction works from April 20, 2012 to November 20, 2012, as the construction amount of KRW 1.639 billion (including value-added tax) from April 20 to November 20, 2012.

(3) The Defendants of the contract terms contained in the above contract terms and conditions are asserted that they were not incorporated into the content of the contract in light of the fact that they did not sign the Defendant Company and the Plaintiff. However, according to the overall purport of the entries and arguments in the evidence Nos. 1, 2, 25, and 26 of the contract terms and conditions, it is reasonable to deem that the Defendant Company and the Plaintiff were electronic signature at the time of the contract as contained in the respective contract terms and conditions of the contract of this case. Thus, the Defendants’ aforementioned assertion cannot be accepted.

The main contents of the following shall be as follows:

[Contract]

6. Payment of the price;

(b)The method of payment (1) within 60 days from the date of receipt of the object (2) once a month: B2B Electronic Resolution 100%: 0.1% of the contract amount per day immediately preceding the date of delay (payment delay) ① When the Defendant Company fails to complete the construction within the time limit for completion as stipulated in the contract, the contract shall be executed.

arrow