logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2017.11.23 2016가단22129
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 78,200,000 and the interest rate of KRW 15% per annum from October 5, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 15, 2015, the Plaintiff entered into a contract for construction works with the Defendant, setting the construction cost of KRW 1,107,00,000 (excluding value-added tax) and January 31, 2016 as the expected date of completion as the construction cost of the building constructed on the ground of “factory and exhibition center” on the ground of 3213, Kimpo-si, Kimpo-si, Yangpo-si, Kimpo-si (hereinafter “instant construction works,” and the building constructed by the instant construction works “instant building”).

B. Although the Plaintiff completed the instant construction, the Defendant paid only KRW 988,300,000 to the Plaintiff as the construction cost by June 3, 2016.

On July 7, 2016, the Plaintiff and the Defendant drafted a transfer agreement (hereinafter referred to as “instant agreement”) with the following contents.

Agreement on Acceptance of Contracts

1. The following documents shall be prepared in consultation with the defendant and the plaintiff regarding the factory No. 3213 of the Gyeonggi-do Kimpo-si Kimpo-si, Yangpo-ri 3213, and new exhibition halls.

The account payable for the divided total cost of construction shall be paid within one week after the completion of construction. The account payable for 1,116,500,000 additional tax 101,50,000 additional tax 1,116,50,000 988,300,000 128,200,000 additional tax 1,015,000 additional tax 1,005,000 additional tax

2. The defendant and the plaintiff shall not have all bonds and obligations under the agreement on this contract, and shall not be held liable for civil or criminal liability between the parties after completion.

3. Attached documents: A corporate seal impression.

4. Matters of special agreement (1) 50,000,000 won shall be paid following the completion of construction.

(2) The balance of KRW 78,000,000 shall be paid ten days after completion.

C. The construction permission for the instant building was completed on August 1, 2016, and the registration of ownership preservation was completed on August 17, 2016.

The Defendant paid KRW 50,000,000 to the Plaintiff on August 4, 2016 under the special agreement of the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, barring special circumstances, shall have the balance 78,00,000 under the agreement of this case to the plaintiff.

arrow