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(영문) 수원지방법원 2015.10.15 2014가합67877

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,337,320 to the Plaintiff (Counterclaim Defendant) and its related amount from August 13, 2014 to October 15, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company running the business of manufacturing and installing parts of clean stacks (a sanitary space before a hospital operating room and operating room). The Defendant is a company running the business of manufacturing air conditioning and heating and cooling equipment construction business.

B. On September 6, 2011, Samyang Construction Industry Co., Ltd. (hereinafter “Tyang Construction”) concluded a contract with the Defendant on September 6, 201, setting the period from September 6, 201 to June 24, 201, for the construction cost of the clock studio construction (hereinafter “instant cluds construction”) among the construction works of the masts and the cludio construction center specialized in the sediment infection at Jeonnam University Hospital (hereinafter “instant cluds construction”).

13. Terms and conditions of a special agreement: In the event of an increase or decrease in the construction amount due to a change in the terms and conditions of a contract, the plaintiff shall submit a detailed statement to the defendant and determine the amount within the limit of the amount recognized as the principal contractor

14. The Plaintiff may not claim the Defendant the payment for the construction work exceeding the amount recognized as a construction company.

20. In the event of a request for settlement from a contractor and a contractor for settlement due to changes in the details, the parties must consult with the Plaintiff and the Defendant according to the ratio, and the settlement of the total construction cost shall not be accepted within 5%.

With respect to the matters not settled by the demand source and the construction company, the plaintiff shall not request the defendant to pay the amount, and the defendant shall pay the balance of the construction to the plaintiff at the time of receiving the final amount settled to the demand source and the construction company

C. On March 5, 2012, the Plaintiff received orders for the installation of equipment from the Defendant during the period of construction from March 5, 2012 to June 24, 2012, the construction price of KRW 430,00,000 (excluding value-added tax), and the delayed payment rate of KRW 0.15% of the daily contract amount.

However, the Plaintiff’s construction period from December 2012 to May 24, 2013, 200 value-added tax of KRW 300,000.