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(영문) 대구지방법원 서부지원 2021.01.21 2019가합50469

공사대금

Text

1. On October 29, 2018, Defendant (Counterclaim Plaintiff) filed against the Plaintiff (Counterclaim Defendant) for KRW 1,552,320,00 and KRW 776,160,00 among them. < Amended by Act No. 15835, Oct. 29, 2018>

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the production of all stage equipment related to broadcasting arts and performing arts, the production, development, and lease of art products related to broadcasting, movies, performing arts, cryp and events, and other art services business, architectural landscaping business, theme park planning and installation business.

The defendant is a company established for the purpose of amusement park business, animal transport business, experience facility business, etc., which is entrusted by C (hereinafter referred to as “the instant amusement park”) with the right to operate a D (hereinafter referred to as “the instant amusement park”).

B. On October 1, 2018, the Plaintiff entered into a contract with the Defendant for construction (hereinafter “the instant construction contract”) with the Plaintiff to carry out the project for the improvement of landscaping at night in the instant amusement park in the total amount of KRW 1,940,400,00 for the construction cost (the down payment of KRW 388,080,000 within seven days after the conclusion of the contract, the intermediate payment of KRW 76,160,000 within 20 days after the commencement of the construction project, the remainder payment of KRW 776,160,000 for the construction project within 20 days after the completion of the construction project (hereinafter “the instant construction contract”).

(c)

The Plaintiff commenced construction work on October 8, 2018 according to the instant construction contract, and completed construction work on November 9, 2018, and then sent the key, etc. necessary for the operation of the instant construction work to the Defendant through the subcontractor (hereinafter “instant facilities”).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, 11, and the purport of the whole pleadings

2. The parties' assertion

A. 1) The Plaintiff is obligated to pay the intermediate payment and the remainder pursuant to the instant construction contract, as the Plaintiff commenced the instant construction work on October 8, 2018 and completed it on November 9, 2018.

The argument is asserted.

2) As to this, the Defendant shall set up lightings to be installed in the instant facilities according to the instant construction contract.