logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.09.04 2018나87262
공사대금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 28,800,000 as well as the full payment with respect thereto from July 3, 2018.

Reasons

1. Facts of recognition;

A. On July 9, 2016, the Plaintiff entered into a contract with the Defendant to accept a subcontract for stone construction among the new construction works of neighborhood living facilities under construction.

(hereinafter referred to as "the contract of this case"). The main contents of the contract of this case are as follows:

1. Project owner: Defendant;

2. The name of subcontracted project: The stone work among the new construction works of C neighborhood living facilities.

3. The construction site: Bupyeong-gu Incheon Metropolitan City D.

4. Period of construction: 78 million won on September 5, 2016, the completion of construction on July 8, 2016;

(zb) Contract wage (excluding value-added tax);

6. Payment of price;

(a) Contract deposit: approximately 30 percent of the completion of the first floor work of tin work (23 million won);

(b) Part payments: A maximum of 50 percent payment (40 million won) when two cases are completed;

(c) Balance: to pay approximately 20 percent after completion (within 15 days after the completion of additional construction after the alteration of the first floor);

8. The scope of construction: 1) includes the amount of money (including the amount of money executed) added (the same as the first floor) to the total agency capacity of the entrance entrance of the first floor-3 floor (the same as the first floor) to the total agency capacity of the entrance entrance of the first floor (the first floor) of the first floor-3rd floor - 1st floor - 3rd floor 1st floor - 3rd floor 1st floor - 3rd floor 4;

B. On August 9, 2016, the Plaintiff filed a claim with the Defendant for down payment of KRW 25.3 million (value 23 million value-added tax) after completing the work of the first floor of tin work under the instant contract, and the Defendant paid the said money to the Plaintiff.

C. Around August 25, 2016, the Plaintiff claimed an intermediate payment of KRW 44 million (value of KRW 40 million) (value of value-added tax of KRW 4 million), which is the point at which the instant contract ends, but the Defendant paid only KRW 25 million to the Plaintiff on September 1, 2016.

After the Defendant completed a neighborhood living facility subject to the instant contract (hereinafter “instant building”), it obtained approval for use on November 2, 2016, and completed registration of preservation of ownership on November 11, 2016.

E. On December 2016, the Defendant issued an additional construction on the back side of the instant building, and issued reconstruction orders, such as the entrance door construction of the instant building, capital, and internal two floors, to the Plaintiff on the early December 2016.

arrow