beta
(영문) 서울남부지방법원 2016.04.29 2015가합2769

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 524,60,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 22, 2015 to April 29, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties is a company that aims at the construction business, such as the manufacture of structures, the construction of steel products, and the construction business of steel structures. The defendant is a company that engages in the transportation business, such as general truck transportation, special truck transportation, etc.

B. 1) On March 23, 2013, the Defendant entered into a subcontract with the Defendant with respect to domestic land transportation (hereinafter “instant construction contract”) of the heat-combined power plant tank’s maritime transportation, wharf loading and unloading, and domestic land transportation services necessary for the construction of the CConsolidated power plant construction work. After entering into a subcontract with the Defendant with respect to domestic land transportation at KRW 2.295 million, the Comi Global entered into the said subcontract with the Defendant. 2) On March 23, 2013, the Defendant: (a) the Plaintiff and the maximum weight of the Plaintiff is 344t (including transport vehicles; 425t; hereinafter “instant heavy goods”); and (b) the Plaintiff entered into the said subcontract with respect to transportation from D through Daegu-gu (hereinafter “the instant construction contract”).

(1) Construction name of construction: 1,250,000 won (excluding value-added tax): 30% of the down payment, 40% of the completion of the reinforcement work, and 30% of the payment at the time of completion of the construction (Provided, That the payment terms and conditions different from the original payment terms and conditions at the time of the completion of the reinforcement work) (4) The purpose of Article 1 (Purpose) is to carry out the reinforcement work by transport by weight of heat-combined power plants from April 1, 2013 to the completion of construction.

Article 2 (Scope of Defendant’s Execution) The Defendant is necessary for the Plaintiff to conduct construction works, authorization and permission.