logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.08.25 2014가합2351
양수금
Text

1. The Defendant: 119,196,423 won to the Plaintiff Samyang Shipping Co., Ltd.; 198,660,705 won to the Plaintiff Samyang Shipping Co., Ltd.

Reasons

1. Facts of recognition;

A. On July 8, 2013, the Defendant entered into a contract for construction works with Jeju Special Self-Governing Province on July 8, 2013, and on August 28, 2013, B Co., Ltd. (hereinafter “B”).

) Basic excavation works among the above C Corporation (hereinafter “instant construction”) and the aforementioned C Corporation

(2) As regards the construction subcontract agreement (hereinafter referred to as the “instant subcontract agreement”) as follows:

(3) [Written subcontract agreement of this case]

4. Period of construction: 4,301,00,000 won for the contract on December 31, 2015, the completion of construction on August 28, 2013;

6. Payment of the price;

(b) Period of progress payment: (1) Number of months: Prohibition of transfer of rights and obligations under Article 12 within 60 days from the date of receipt of the object in lieu of (2) the conditions for payment by the ordering authority;

(a) No subcontractor shall transfer or succeed to any right or obligation arising from this contract and any right to the claim for the construction price to a third party;

Provided, That this shall not apply where the prime contractor has obtained written consent.

[This paper] Article 20 [Payment] (1) The defendant shall pay the price to B within 30 days from the date of acquisition of the object by the due date stipulated by the deadline.

(2) The defendant shall pay the subcontract price if he/she receives the completion money from the ordering person, and the amount equivalent to the portion executed B if he/she receives the completion money, to B within 15 days (the due date if the date of payment comes earlier) from the date of receipt.

Article 22 [Advance Payment] (1) The defendant shall pay advance payment to B as stipulated in the contract.

(5) An advance payment shall be settled by the following formula whenever the price for a completed portion is paid:

On September 11, 2013, the amount of advance payment = Amount of advance payment 】 Amount equivalent to the price of completed portion / total contract amount 2 Defendant and B changed the above subcontract to pay advance payment of KRW 770,946,00 to B. The Defendant paid advance payment to B around that time.

(b).

arrow