logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.24 2016나52040
공사대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 3, 2013, the Plaintiff accepted 115,000,000 won from the Defendant for the ground landscaping project in Gyeonggi-gun (hereinafter “instant landscaping project”). However, 12,00,000 won for the down payment out of the contract amount, 24,000 won for the first intermediate payment, 24,000,000 won for the second intermediate payment, 24,000,000 won for the second intermediate payment at the time of completion of stone shed work, and 31,00,000 won for the remainder, after completion of stone planting, the Plaintiff agreed to be paid after completion of the completion inspection.

B. The Defendant paid to the Plaintiff KRW 10,00,000 as down payment, KRW 12,00,00 as down payment, and KRW 25,00,00 as of October 22, 2013, and KRW 14,00,00 as of October 28, 2013, as the first intermediate payment, and KRW 24,00,000 as of November 11, 2013, as the second intermediate payment, and KRW 24,00,00 as of November 19, 2013, respectively.

C. In relation to the warranty and completion of the landscaping construction of this case, the Plaintiff and the Defendant agreed that “the Plaintiff shall repair without compensation when planting defects occur for 12 months after the completion of the construction work, except in the case of voluntary change or neglect of management, and the Plaintiff shall notify the Defendant upon completion of the construction, and the Defendant shall conduct an inspection in the presence of the Plaintiff, and if the Plaintiff fails to pass the Defendant’s inspection, he shall undergo a reinspection without

(A) Article 6 of the Contract Document No. 1). The Plaintiff completed work on February 18, 2014, and completed an inspection by the Defendant, and completed the inspection at the site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. A. A summary of the parties’ claims 1) The Plaintiff sought payment of the construction cost of KRW 6,00,000,000 that was not paid to the Defendant as the principal lawsuit and damages for delay thereof. 2) The Defendant spent KRW 5,105,200 as additional construction cost due to the Plaintiff’s defect in the performance and pond creation work. Unlike the contents of the instant landscape construction work, the Plaintiff did not install weather rocks equivalent to KRW 3,00,000, and was equivalent to KRW 1,500,000.

arrow