logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.08.16 2016가단50593
공사대금
Text

1. As to KRW 74,00,000 and KRW 70,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 70,000 from September 7, 2016, and KRW 4,00,000.

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap evidence Nos. 1, 2, and 4 and Eul evidence Nos. 1 and the purport of the whole pleadings.

The Plaintiff is a person engaged in the business of manufacturing singkes, indoor interior interior interior fisheries, etc. with the trade name of “C”, and the Defendant is a person engaged in indoor construction business with the trade name of “D”.

B. On November 7, 2014, the Plaintiff and the Defendant, Jinju-si, agreed to receive the payment of the price of the contract by setting the contract amount of KRW 168 million (excluding value-added tax) from November 25, 2014 to December 20, 2014 (hereinafter “instant construction contract”). In concluding a contract with the Plaintiff, the Plaintiff agreed to receive the payment of the price of the contract by setting the contract amount of KRW 168 million (excluding value-added tax) and the period of construction from November 25, 2014 to December 20, 2014.

C. Around that time, the Plaintiff commenced construction work in accordance with the instant construction contract, but the Defendant did not pay the amount of flag, and the Plaintiff suspended the construction work.

On November 27, 2015, the Plaintiff agreed to pay the outstanding amount of construction cost under the instant construction contract to the Plaintiff by December 15, 2015 (hereinafter referred to as the “instant agreement”) within 30 days after the completion of the agreement between the Plaintiff and the Defendant, and the Defendant paid the Plaintiff the final amount within 30 days after the completion of the agreement between the Plaintiff and the Defendant, and the Defendant paid the Plaintiff the construction cost of KRW 4 million to the Plaintiff by December 15, 2015.

2. Determination

A. In full view of the language and text of the instant agreement as to the cause of the claim, the developments leading up to the conclusion of the instant agreement, and the circumstances before and after the agreement, the purport of the instant agreement is to determine the outstanding amount of construction cost as KRW 70,000,000 regarding the part executed by the Plaintiff according to the instant construction contract, and to determine the final amount after settling accounts where there are circumstances to increase or decrease it, and to pay it in addition to KRW 4,00,000,000 in relation to

Gap evidence 15-9 and Gap evidence 16-16.

arrow