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(영문) 울산지방법원 2016.09.08 2015가합2801

공사대금

Text

1. The Defendant’s KRW 302,755,200 for the Plaintiff and KRW 20% per annum from August 27, 2015 to September 30, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a corporation that runs the construction business, etc., and the defendant is a corporation that operates the plant facility construction business.

B. On June 9, 2014, the Defendant entered into a subcontract agreement with the Defendant KS Construction Co., Ltd., the Defendant subcontracted the “C construction” within the Ulsan Factory Co., Ltd. (hereinafter “SK Construction”) to the contract price of KRW 1,877,00,000 (value-added tax separate) at the Ulsan Construction Co., Ltd. (hereinafter “instant construction”).

C. On June 24, 2014, the Plaintiff and the Defendant: (a) signed a sub-subcontract; (b) on June 24, 2014, the Plaintiff and the Defendant drafted an agreement to accept the instant construction project (hereinafter referred to as “instant agreement”); and (c) written the following terms and conditions as the contract price of KRW 1,520,000,000 (excluding value-added tax); (d) the construction period from June 24, 2014 to December 31, 2014 (hereinafter referred to as “instant agreement”); and (e

An agreement on the field operation of construction works;

1. Principal contractor: E;

2. The name of the Convention Corporation: C Corporation, etc. (total process);

3. Place of construction: F outside;

4. Period of construction: 1,520,000 won (excluding value-added tax) for an agreement on December 31, 2014 on the completion of construction on June 24, 2014;

6. Terms and conditions of the payment of the price: No advance payment in accordance with the payment regulations for KS construction: B) payment for the price for completed portion: Payment within seven days after receipt of the price for the construction from KS construction.

7. Items and quantities of the materials to be paid: None of the relevant provisions;

8. Deposit for an agreement: 10% of the agreed amount (including value-added tax).

9. Defect bond: 3% of the Convention amount (including value-added tax): 11. The rate of liquidated damages for delay shall be 24 months after completion of construction works: the Defendant and the Plaintiff shall enter into an agreement and implement it in good faith with each other to perform duties within the construction scope, including the supply of human resources due to temporary shortage of human resources, with respect to the construction site operation conditions for 0.15% of the Convention amount per day (including value-added tax) per delay per day.