(영문) 대전지방법원 공주지원 2017.03.09 2016가단812

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(영문) 대전지방법원 공주지원 2017.03.09 2016가단812

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of civil engineering, construction materials, wholesale and retail business, etc., and the Defendant was a stock company with the aim of building reinforced concrete construction business, etc., and was supplied with reinforced concrete construction among “A-based apartment construction work” from Company A (hereinafter “A”).

B. On December 30, 2015, the Defendant entered into an agreement with C on construction participants (hereinafter “instant agreement”) with respect to three buildings among the above reinforced concrete construction works (hereinafter “instant construction works”). The details of the agreement are as follows.

In addition, according to the agreement of this case, the defendant set up a collateral on the debtor C and C, the maximum debt amount of 150,000,000 concerning the debtor, the debtor, the E apartment 102, and 605, Suwon-gu, Suwon-gu, Suwon-si

2. Name of a type of work: All processes, such as a type mold, steel bars, strawing, and raining;

4. Period of construction: The period of construction commenced on December 30, 2015, completion on December 31, 2016 (the string and string may vary according to the circumstances of the defendant and the project owner, but C must comply with the contract) means the completion of construction works under a contract;

5. Contract amount: 4,136,851,780 won; and

6. Prohibition of a change in the contract amount: C may not demand the defendant to increase the contract amount for any reason, such as a minor change in the design, wage increase, etc. during the construction.

7. The method of payment shall not exceed 15 days from the date of settlement of the original recipient's payment.

At the same time as the payment of each premium is received, it shall be paid after deducting it.

9. 3% of the final construction cost shall be paid after one year from the date of approval for the use of the site.

1. The defendant shall pay C the cost of the original contractor according to the method of payment.

2. C shall stay at the site and be present at the request of the defendant.

3. C Execution.

유사 판례

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-서울북부지방법원 2018.08.29 2017나38080

-부산지방법원 2020.10.21 2019나54177