logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.06.18 2018가합26525
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 22, 2013, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant on the part of the construction cost of constructing a multi-family housing on the land outside Ulsan-gu, Ulsan-gu, and on the part of the Defendant, the construction cost of KRW 40 million (the contract amounting to KRW 40 million, the payment of KRW 140 million in installments according to the construction work progress, the balance of KRW 220 million, and the payment at the time of approval for use), with respect to other matters of authorization and permission for construction, and administrative disposition that the Defendant is responsible for the construction work (hereinafter “instant contract”).

B. The Plaintiff continued construction after the conclusion of the instant contract, but failed to obtain approval for use on the ground that the building built by the Plaintiff (hereinafter “instant building”) was connected with a neighboring road and constructed.

[Ground of recognition] Gap evidence No. 1 and the purport of the whole pleading

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the construction work under the instant contract was completed, and that the payment of the remainder at the time of approval for the use of the instant contract was determined by the due date for the use of the said contract. As such, it shall be deemed that the due date has arrived at the time when the approval for use was granted or when a reasonable and considerable period for obtaining approval for use was submitted after the submission of necessary documents to obtain approval for use, or when it becomes impossible to

However, since the Defendant’s refusal disposition against the Dong-gu Busan Metropolitan City Office that rejected approval for the use of the building of this case was rejected, approval for the use of the building of this case was not possible, the remaining due date for the remainder under the contract of this case has arrived.

Therefore, the Defendant is obligated to pay the remainder of KRW 220 million to the Plaintiff according to the instant contract.

B. If it is not clear whether the father attached to a judgment 1 juristic act is a condition or term of validity, it shall be done through the interpretation of the juristic act.

arrow