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(영문) 서울남부지방법원 2014.12.17 2013가단59610

청구이의

Text

1. The purport of the Defendant’s claim is written as “Plaintiff (Appointed Party)” but it is written in error.

Reasons

1. Facts of recognition;

A. On May 16, 201, the Plaintiff (designated parties; hereinafter referred to as the “Plaintiff”) who had the head office in Ulsan Metropolitan City and engages in civil engineering works, construction works, etc., entered into a contract for construction works for the project with the Ulsan Happiness Credit Union (hereinafter referred to as the “Happiness”) on May 16, 201. The details of the contract are as follows:

(hereinafter “instant prime contract”). The zero contract amount: 80 million won: the date of the commencement of the Doo in Ulsan-gu Seoul Metropolitan City: May 16, 201: The rate of penalty for delay for delay on October 15, 201: 0.3% of the daily contract amount per delay.

B. On July 25, 201, the Defendant concluded a contract with the Plaintiff for the manufacture and installation of elevator in the house located in the Happiness branch B of the Happiness Happiness Co., Ltd., and the detailed contents thereof are as follows (hereinafter “the subcontract contract of this case”), and there was no agreement for liquidated damages under the subcontract of this case.

o Subject matter: The 15 passenger elevator's total price for 3,168,00 won (including value-added tax, 9,504,000 won at the time of the contract, 19,008,000 won at the time of carrying out materials, and 3,168,000 won at the time of issuance of the certificate of inspection): On September 25, 201, 15 passenger elevator's 15 passenger elevator's unit price (3,168,00 won at the time of issuing the certificate of inspection): He is not liable for non-performance of contractual obligation due to any cause not controlled like war, riot, labor dispute resolution, labor dispute resolution, government regulation, and other natural disasters (Article 6(1)). The extension of the payment period for o's automatic payment: The extension of the payment period for 13,00 won due to a cause such as automatic payment of payment by the plaintiff, etc., or modification of laws and regulations or other measures related to the government (Article 6(1).

The Plaintiff did not pay the Defendant the down payment of KRW 9,504,00 on the date of the instant subcontract contract, which is the sum of the down payment and intermediate payment on September 8, 2011, 28,512,000.