logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2019.01.30 2018가단4350
공사대금
Text

1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from August 23, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant C contracted Defendant B with the multi-family house work on the ground D in Suwon-gu, Suwon-si (hereinafter “instant construction work”).

B. On August 25, 2017, the Plaintiff entered into a subcontract agreement with Defendant B on August 28, 2017 (hereinafter “instant subcontract agreement”) on the construction cost of KRW 110,000,000 (20,000,000 after the contract deposit, KRW 40,000,000 after the relocation of the third floor, KRW 35,000,000 after the relocation of the rooftop tower, and KRW 15,00,000 after the completion of the removal and return of the materials) and August 28, 2017 after the commencement date.

C. Around December 20, 2017, the Plaintiff completed the structural construction project up to three floors pursuant to the instant subcontracting contract, but Defendant B did not pay the Plaintiff the payment for the completed portion under the said contract.

The construction cost of up to three floors (40,000,000) out of the framework construction of the instant construction project is dealt with by agreement between B and C, and the construction cost of up to three floors is dealt with by B and C, and there is no relationship between B and E. The owner of the instant construction project and E. In addition, if B is unable to pay for the remainder of the fourth floor and the floor tower framed construction cost (50,000,000), E and the owner of the instant construction (C) will pay from the unpaid construction cost: Provided, That the period of payment shall be determined for a period of two months from the date written confirmation is issued.

(from June 19, 2018 to August 20, 2018) When construction of a charnel ceases without good cause, the said certificate will be null and void.

Accordingly, the Plaintiff demanded the Defendants to pay the subcontract construction cost, and the Plaintiff, the Defendants, and the new owner E prepared the following certificates (hereinafter “instant certificates”) around June 19, 2018.

[Based on the recognition, Gap evidence Nos. 1 through 3 and Eul evidence Nos. 2 (the plaintiff's seal impression part is presumed to have been established as a whole, since there is no dispute over the plaintiff's seal impression part, the plaintiff's authenticity of the document is presumed to have been established as a whole. The plaintiff's defense that this document was made by the defendant's coercion using

2. Judgment on the plaintiff's claim

(a) argument;

arrow