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(영문) 춘천지방법원원주지원 2013.11.28 2012가합2978

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. 1) The Plaintiff, a company processing steel bars, etc., concluded a service contract between the Defendant and the Defendant, a company conducting a comprehensive construction project on August 2009, providing that the Defendant’s service processing of the steel bars of the structure B underground tea among the construction works on the first line of the national highways for the multifunctional administrative city contracted by the Korea Land and Housing Corporation shall be KRW 1,098,00,000 (excluding value-added tax) and that from August 2009 to November 201, 201 (hereinafter “instant contract”).

According to the instant contract at the construction site. According to the construction site, the Plaintiff shall process the steel bars, which the Plaintiff installed the above processing factory and brought in from the Defendant, in accordance with the design drawing presented by the Defendant, and the Defendant shall pay the Plaintiff the service cost in return for the processing service. The relevant provisions of the instant contract are as follows. 【General Conditions of Contracts (Adjustment of Contract Amount)” ② Price adjustment and payment due to price fluctuation refers to the Korea Land and Housing Corporation (Korea Land and Housing Corporation).

Article 12 (Price Payment) ① Section 1 of the Special Conditions for the Payment Contract at the first time each month, Article 11(1)(i)(referring to the Plaintiff) of the Trade Union and Labor Relations Commission (referring to the Defendant) shall be examined by A (referring to the Defendant) for all materials brought in, and shall be examined by A (referring to the Plaintiff) for monthly admission and inventory, and shall be submitted to A at the end of each month, and materials (such as steel, etc.) brought into a factory shall be thoroughly managed under the responsibility of B to prevent material loss.

3) Party B shall thoroughly manage the payment materials of Party B, and Party B shall compensate Party B for the loss or damage caused by Party B’s failure to manage the payment materials, and Party B shall compensate Party B for the amount of damages. 2) On September 30, 2011, the original Defendant shall increase the payment of the above service amount of KRW 1,122,00,000 (excluding value-added tax) in the amount equal to KRW 24,00,000 (excluding value-added tax) and not more than the amendment agreement with Party B’s period from August 2009 to August 20, 2012.