(영문) 대전지방법원홍성지원 2019.06.19 2019가단30051

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원홍성지원 2019.06.19 2019가단30051

공사대금

Text

1. The defendant issued a certificate of performance guarantee for defect repair from the plaintiff and simultaneously issued it to the plaintiff 138,50,000 won.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 4, the plaintiff, the purpose of which is to conduct construction works, etc., on September 20, 2017, agreed from the defendant on September 20, 2017 to receive 840,40,040,000 construction cost, from September 21, 2017 to April 30, 2018, the construction period is set at 3% of the contract price as the warranty bond rate, from September 21, 2017 to April 30, 2018. After completion of the construction, the plaintiff and the defendant are to change the construction cost to KRW 770,00,000,000 from July 20, 2018, and there is no counter-proof evidence.

According to the above facts of recognition, the defendant is obligated to pay 140,500,000 won and delay damages to the plaintiff, unless there are special circumstances.

2. Judgment on the defense

A. The defendant defense that the expenses incurred by the defendant in cleaning and transporting the site wastes on behalf of the plaintiff should be deducted.

Comprehensively taking account of the purport of the entire arguments in Gap evidence No. 4, the plaintiff and the defendant at the time of the agreement around July 2018 can be acknowledged as having agreed that expenses incurred in cleaning, transporting, and disposing of wastes shall be KRW 2 million.

Therefore, the defendant's defense is justified.

B. The defendant raises a defense that the construction cost cannot be paid until the plaintiff provides a warranty bond.

In full view of the purport of the argument in Gap evidence No. 4, the plaintiff and the defendant can recognize the fact that the plaintiff agreed to file a claim with the warranty bond attached to the warranty bond at the time of the above contract, and the fact that the warranty bond rate is 3% of the contract amount at the time of the above subcontract is set as above

According to the above facts, the defendant's obligation to pay the above construction cost is against the defendant.

유사 판례

-청주지방법원충주지원 2019.05.16 2019가단21043

-춘천지방법원강릉지원 2017.09.05 2016나1400

-부산지방법원 2015.11.25 2014나19827

-서울동부지방법원 2014.08.22 2013가단116770

-서울동부지방법원 2016.05.03 2015가단26697