logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.08.28 2014가합109021
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 114,620,000 and the amount of KRW 114,620,00 from November 4, 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. Hyundai Construction Co., Ltd. awarded a contract to Hyundai Cenna Co., Ltd. for the construction of 4 Section 4 Section Ethical Ethical Ethical Ethal Ethal Ethal Ethal Ethal Ethal Estal Ethal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Estal Co., Ltd., Ltd., and Jinal

B. On April 2, 2013, the Plaintiff entered into a sub-subcontract on the instant construction project (hereinafter “instant contract”) with the Defendant, setting the respective construction period from April 2, 2013 to April 30, 2015, with each of the construction cost of KRW 1,245,200,000 (including value-added tax).

The following are applicable to the content of the instant contract.

Article 18 (Suspension and Termination of Construction Works) (1) When a cause falling under any of the following subparagraphs occurs, the defendant may unilaterally suspend and cancel the construction contract:

11. Where there is an inevitable reason that the defendant does not need to continue the service work, Article 23 (Payment of Price and Direct Payment) (1) The service cost shall be limited to the performance items attached to the contract and the payment of the price therefor.

(2) The Plaintiff may claim the payment of the contract price to the Defendant only when the Plaintiff passed the inspection on the completed part of the construction work or the inspection on completion.

③ In accordance with paragraphs (1) and (2) above, the Plaintiff shall apply for flag in accordance with the schedule recorded in the agreement, and shall not urge, compel, or demand for other reasons.

Article 25 (Performance of Contracts and Guarantee of Defects) The plaintiff shall submit to the defendant a security of performance bond equivalent to 10% of the total contract amount within seven days after the contract is concluded, and shall submit to the defendant a security of performance bond of performance bond of at least 10% of the total contract amount at the last claim for payment.

C. The defendant is illegal.

arrow