logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.11 2019가단42175
공사대금 청구의 소
Text

The plaintiff's request shall be dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On August 10, 2015, the Defendant entered into a contract with the Plaintiff on August 10, 2015, setting the construction cost of KRW 3.3 billion, the construction period from August 10, 2015 to March 30, 2016, and the completion inspection on the said construction was completed on July 18, 2016.

B. On September 19, 2016, the Defendant paid to the Plaintiff KRW 650,000,000 (including additional taxes) for construction work for the new construction of the instant construction facilities outside Dong-si and two parcels of land (hereinafter “instant construction”) and paid the Plaintiff KRW 200,000,000,000 for the construction work period from September 19, 2016 to December 18, 2016. The Defendant paid the Plaintiff the instant construction work price as KRW 10,00,000 on September 19, 2016 and KRW 50,000 on October 18, 2016, and KRW 50,000 on November 24, 2016.

(c)

On December 14, 2016, the Defendant sent to the Plaintiff a document certifying the purport that the instant construction contract will be terminated because the completion is impossible by the completion date, and thus, the Defendant sent the document verifying the contents of the instant construction contract (Provided, That the foregoing document was returned

D. On December 20, 2016, the Plaintiff prepared a written waiver of construction work (hereinafter referred to as “written waiver of construction work”) to the Defendant as follows.

A project owner who renounces the construction: B public mission: D and two parcels of construction period: from September 19, 2016 to December 18, 2016: The construction amount: The construction amount per annum 100,000 to September 19, 2016 (including additional taxes) shall be the same as the construction amount due to the delay in the construction, while the construction is being performed under a contract with He on September 19, 2016 with respect to the buildings mentioned above, while the construction is in progress on September 19, 2016. The completion of the construction made on December 18, 2016 by us to waive the above construction, and will not raise any objection and criminal charges due to the construction and will be responsible at us at the time of the occurrence of the problem.

E. On January 16, 2017, the Defendant awarded to Nonparty F Co., Ltd. the remaining construction work during the instant construction work as KRW 270,000,000 (Additional Tax Table).

【Uncontentious facts, Gap’s evidence Nos. 1, 2 and 3, and Eul.

arrow