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(영문) 수원지방법원 안산지원 2018.04.12 2016가합6191

손해배상(기)

Text

1. The Defendant’s KRW 30,583,049 for the Plaintiff and KRW 6% per annum from April 26, 2016 to April 12, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of manufacturing and installing a list, the business of manufacturing and installing transportation and unloading machinery, and the Defendant is a company engaged in the business of manufacturing and installing a list server.

B. The Plaintiff was awarded a contract with Samsung C&T Co., Ltd. (hereinafter “T&T”) to produce and install a crum and crums in the same ducheon Complex power plant that the said company constructs and installs, but the price shall be KRW 3,323,142,00 (excluding value-added tax) and the delivery period shall be April 20, 2014, with the production and installation period as “the instant construction work” (hereinafter “instant construction work”).

C. On February 7, 2014, the Plaintiff subcontracted the Defendant with the payment of KRW 70,000 (excluding value-added tax) for the 720,00,000 (hereinafter “instant contract”).

The Defendant did not have a brux in the construction subcontracted by the Plaintiff, with a total of eight 8 units in the sum of Condenser Wterx 20 pump 20, HRG Darator floor 1, TCA Furter 4 (hereinafter “instant non-establishment brupt”).

(E) The Defendant was the person who did not install 8th class of the Non-Establishment Marail Day of this case.

On November 24, 2015, the Plaintiff and Samsung C&T agreed to deduct 184,643,640 won for liquidated damages incurred in relation to the instant construction works, 49,267,940 won for direct input of Samsung C&T, 750 tons of C&T, and 36,794,825 won from the construction price payable to each Plaintiff.

[However, it was finally settled that the construction cost was reduced by KRW 3,257,642,00 (value-added tax separate calculation) by 65,50,000,000 by including the additional expenses, etc. due to design changes, etc. in the construction cost. On November 25, 2015, the Defendant applied for an order for the payment of the construction cost under the instant contract to the Plaintiff in the Incheon District Court, Busan District Court, Kim Jong-si, Kim Jong-si, and on January 13, 2016, the Plaintiff is the debtor and the Plaintiff.