logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.09.25 2013가합2211
공사대금
Text

1. The instant lawsuit shall be dismissed.

2. Of the costs of lawsuit, 2/3 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

Reasons

1. Facts of recognition;

A. On August 8, 2011, the Plaintiff and the Defendant concluded the instant construction contract as follows.

【Standard Subcontract Form for Construction Works】

1. The name of prime contract: The name of subcontracted construction for a new construction project for a tenement house: The name of structural frame (a mold, reinforced concrete construction project), 2,400 square meters;

2. Construction place: D day in Southyang-si.

3. Commencement date of construction work, August 201;

4. Contract amount: 864 billion won: 864 billion won.

5. The amount of money to be paid (1) shall be three hundred and sixty thousand won.

(2) 50% of the total construction amount shall be substituted by a substitute.

(3) The total construction cost shall be 50% in cash and monthly payments shall be made at the last day of each month according to the construction period.

(4) Materials input shall be publicly announced to the scene 20 million won.

(5) The Subdivision and the PIT Corporation shall recognize only 40% of the Corporation separately.

(6) 50% of the amount of penwork and PIT work shall include 50% of the amount of substitute work, and the amount of construction work shall be settled after the completion of construction.

6. Items and quantities of the materials (A) are paid by a subcontractor (A) of all subsidiary materials necessary for framework construction, such as dye and steel, wood, etc. (margue mold, reinforced concrete), and (2) The materials provided by a principal contractor (B) are steel bars, ready-mixed, and stiropool;

B. The construction cost that the Defendant paid to the Plaintiff by September 2012 is the total of KRW 635 million.

C. From November 201, 2012 to June 2013, the Namyang-ju market approved each use of 13 multi-family housing units according to the Plaintiff’s construction completion of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 9-1 to 13, the purport of the whole pleadings

2. Confirmation of the claim for the construction payment of this case

A. The actual construction area that the Plaintiff performed according to the direction of the Defendant’s additional construction by the Plaintiff’s assertion, including the expansion of balconys, exceeds 2,400 square meters, which is the initial contract area, 3,32 square meters (i.e., 2,400 square meters and 932 square meters for each floor). The total construction cost of the instant case, including the additional construction cost due to an increase in the size, is KRW 1,199,520,00 = 3,332 square meters.

arrow