logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.04.26 2018가합52364
지연보상금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

A Co., Ltd. (hereinafter referred to as “Plaintiff A”) and Plaintiff B Co., Ltd. (hereinafter referred to as “Plaintiff B”) constitute joint contractors (investment ratio: Plaintiff A2,896,624,000 won/27,029,434,00 won, Plaintiff B4,132,810,000 won/27,029,434,000 won) and supply and demand “D apartment construction works (one construction section)” (hereinafter referred to as “instant construction works”) implemented by the Defendant from the Defendant at the 1st day of the 2,00 City. The Defendant is the owner of the instant construction works.

On December 23, 2014, the Plaintiffs entered into a contract with the Defendant under which the instant construction work was contracted (hereinafter referred to as “instant contract”). Of the instant contract and the general terms and conditions of the construction contract incorporated into the instant contract (hereinafter referred to as “general conditions”) related to the instant case are as follows.

[Written Contract] On February 7, 2015, the date of completion of construction works as of the date of classification of KRW 27,029,434,00, the contract amount of KRW 27,000, the Defendant and the Plaintiffs promised to conclude the contract for the instant construction works by means of contract documents for the construction works on February 7, 2015, on December 24, 2015, on August 19, 2016, the Defendant and the Plaintiffs agreed on September 4, 2016, on the equal terms and conditions, and to perform their contractual obligations in good faith in accordance with good faith.

The contract shall be drawn up as evidence of this contract.

[General Conditions] The definitions of terms used in Article 2 (Definitions) are as follows:

1. The term "contractor" means a natural or legal person who has entered into a contract for a construction project with a defendant;

2. The term "construction supervisor" means a technical employee appointed by the defendant to perform duties prescribed in Article 16;

Provided, That in the case of construction works performing responsible supervision under the provisions of Article 27 of the Construction Technology Management Act, the supervision of the relevant construction works shall be performed.

arrow