logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.10.29 2017나40526
공사대금
Text

1.The judgment of the first instance, including a counterclaim claim filed in the trial, shall be modified as follows:

. at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 5, 2013, the Plaintiff entered into a contract for construction works with the Defendants (hereinafter “instant contract”).

Construction site: The date of commencement of new construction of the E logistics warehouse (hereinafter referred to as the "logistics warehouse of this case"): The scheduled date of completion on April 10, 2013: The total construction cost on August 10, 2013: the special agreement of KRW 1,457,50,000 (including value-added tax):

2. Payment after the approval of the President at the time of paying the price;

5. Measures shall be taken within ten days from the occurrence of any defect.

6. The period of warranty against defects shall be two years.

7. The completion date of the construction shall be 10.2% of the penalty for delay.

B. On February 3, 2014, the Plaintiff entered into an additional construction contract with the Defendants on the interior board, container, and miscellaneous construction of the instant logistics warehouse (hereinafter “instant additional contract”) with regard to the following construction works:

(On the other hand, on February 3, 2014, the date of commencement of the construction works executed by the Plaintiff under the instant prime contract and the instant additional contract: The date of completion on February 3, 2014: Construction cost of KRW 89,100,00 (including value-added tax): Contract deposit (including advance) - intermediate payment of KRW 33,00,000 (including value-added tax), and intermediate payment of KRW 56,10,000 (including value-added tax), and the remainder of KRW 56,10,000 (including value-added tax) after completion of the construction works.

C. The Plaintiff completed the instant construction, and delivered the instant logistics warehouse to the Defendants, and approved the use of the instant logistics warehouse on March 14, 2014.

On March 27, 2014, the Plaintiff and the Defendants, after the said approval for use, drafted the following agreements (hereinafter “instant agreement”).

The construction site: The date of the commencement of additional construction of the E logistics warehouse: April 2, 2014: The date of the completion of construction on May 30, 2014: The date of completion of construction: the amount of KRW 100,000,000 (10,000).

E. On June 9, 2014, the Plaintiff’s agent who performed the instant construction work to Defendant B L representative.

arrow