beta
(영문) 서울고등법원 2020.01.31 2019나2019021

제작물납품대금

Text

1. In accordance with the Plaintiff’s claim on the principal lawsuit that was changed in exchange in this court, the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic fact: 2. 【Period of delivery of the instant re-subcontract (A2. 1, 2) 【Period of delivery】 from August 6, 2018 to December 31, 2018: 2.35 billion won - Value of supply: KRW 2.66 billion - Value-added tax: KRW 5 billion 2.6 billion : Payment of the price under Article 5. 1: 2.5 billion : 2.5 billion : Payment of the price (in advance). ② Payment of the already completed part (1) : Payment at the end of the following month after the completion of the pre-examination; (2) Payment at the end of the following month (or after receipt of the cost of payment at the time of issuance of the placed bill or discount charge) : Payment method under Article 10, 200 million - Payment without good faith if the Plaintiff unilaterally fails to comply with any of the terms and conditions of the contract or fails to perform any of its obligation to cancel or terminate any of the contract (2).

Certificates of Performance (Evidence A27 7,8 pages)

1. This Special Agreement shall apply to all of the supply of the D site in Incheon Jung-gu, and the different parts during the implementation of the contract shall be mutually agreed upon, but not so agreed shall take precedence over the decision in B.

6. B The supplied materials are power, water (in the case of pipes and wires, the Plaintiff’s burden) and all materials and work tools, including nives, are the Plaintiff’s burden.

In addition, the plaintiff is borne when additional requirements for electricity and temporary water are needed.

14. A monthly claim shall be made on the date specified at the site and, if no request is made, the period of the pertinent month shall not be paid (the date of the request shall be the 25th day of each month, and the claim shall be made within the limit of 85 per cent of the date of the request). This special agreement shall have the same effect as the contract, and shall be in effect.