(영문) 인천지방법원 2019.06.11 2017나67820

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(영문) 인천지방법원 2019.06.11 2017나67820

공사대금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff’s opening of the parties is an individual entrepreneur who runs the electrical construction business, etc. under the trade name of “C,” and the Defendant is the owner of a new building by parking in Seo-gu Incheon Metropolitan City D.

B. Co., Ltd. (hereinafter “E”) on June 24, 2016, the Defendant entered into a contract for construction works and set up a contract for electrical construction works.

2) On July 15, 2016, most of the instant contracts were written in the same letter as the date of commencement and completion (pre-determined) and the “payment on the 15th following the end of each month” on the part of the date of preparation of the contract and the method of payment, on July 15, 2016, on the following grounds: (a) the construction name of the construction was stipulated as “Indones D Construction”; (b) the contract amount was stipulated as “the 15th following the end of each month” as “the 15th day after the end of each month; and (c) the date of commencement and completion of the contract.”

(C) On July 15, 2016, the date of commencement was July 15, 2016 (hereinafter referred to as the “instant contract”). On the other hand, a contract form for electrical construction (hereinafter referred to as the “instant contract”) was drawn up with the employer, the contractor, the Plaintiff, the contract amount of KRW 95,00,000, and the date of commencement.

3. Major 1. Corporation name: F Corporation

2. The construction site: Seo-gu Incheon Metropolitan City D.

3. Period of construction: December 20, 2017 from the date of commencement on July 15, 2016.

4. Contract amount: A separate value-added tax for Geumcheon-gu Won (95,000,000 won).

5. On the 15th day of the following month after the end of each month, the person ordering the payment refers to the Defendant A and the Contractor C Plaintiff, and the above contents shall be entered into by agreement with the Party A and two copies of the contract shall be prepared and kept in duplicate, respectively.

Details of July 15, 2016 are as follows:

4. The contract of this case has the Plaintiff’s business seal and the Defendant’s seal impression affixed to the contract of this case.

The contract of this case is written in two parts, and each of them is filed with the plaintiff and the defendant.

유사 판례

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