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(영문) 창원지방법원 2015.01.29 2013가합5466

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 883,502,575 to the Plaintiff (Counterclaim Defendant) and its related amount from September 26, 2013 to January 29, 2015.

Reasons

1. Basic facts

A. On August 20, 2011, the Plaintiff concluded a contract on September 27, 2013 with respect to the design, production, installation, and trial operation of the cBF-301, CBF-302, CBF-303, KBF-304B, KBF-305, KBF-306, the date of completion of the work with respect to the design, production, installation, and operation of the cBF-306 EB-306 (the date of completion of the installation is May 30, 2013).

B. On March 20, 2012, the Plaintiff concluded a subcontract with regard to the manufacturing, supply, and installation work of environmental company and nature (hereinafter “environmental zone”) (hereinafter “environmental zone and nature”) and of the said concentration facilities, on September 27, 2013, the deadline for completion of the construction work was 950 tons (the subsequent change to 1,148 tons), and the contract amount was 1.61.5 million won (excluding value-added tax) on the condition that the Plaintiff supplies 750 tons of the said quantity of the work.

Contract amount: The above contract amount of KRW 5.4 million (excluding value-added tax) shall be adjusted to KRW 55.6 million (i.e., KRW 4.5 million for the installation work of the equipment supplied at the end of the following month, (i.e., KRW 5.5 million for the installation work of the equipment supplied at the rate of KRW 6.5 million, applying the unit price of KRW 2.45 million/metric tons to KRW 2.66 million for the installation work of the equipment supplied at the rate of KRW 7.5 million): The down payment shall be paid at KRW 16.6.2 million for the contract deposit, the advance payment guarantee certificate, and the intermediate payment shall be paid at the end of the following month in accordance with the end of the following month, and the remainder of KRW 5.4 million shall be paid after the inspection of the modern iron market after the completion of the construction.

The payment period: 3/1,000 of the contract amount per day of delay on May 15, 2013: There shall be no additional settlement according to the volume under the daily contract.

Provided, That a separate work that requests the addition of the ordering place after the completion of construction may be settled.

C. After that, the environment and nature suspended the above work on February 2013, and the Plaintiff did not complete the work with the Defendant and the environment and nature on March 27, 2013.