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(영문) 대전지방법원 2016.11.10 2016나101547

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The plaintiff is a construction business operator who operates human resources and equipment supply business in the name of B with respect to the construction work, such as decommissioning of plants and the terminal car, and the defendant is a corporation that purchases heavy plants and engages in the export business overseas.

From April 2014 to November 26, 2014, the Plaintiff entered into a construction contract for construction work with the Defendant to supplement and supply equipment necessary for turging, sound, chemical construction work, dismantling, and container loading (hereinafter “each construction contract in this case”). The construction contract for construction work offered by the Plaintiff was “A/P machinery dismantling work, container container dismantling work, container container charging work, container container loading work, SGS shipment inspection (PSPrere-S-Specing Inc.)’s multi-national company supervising the inspection. The construction contract for construction work at each site was 70,50,50,000,000 on the site, and 50,000,000 on the site, and 50,000,000 on the site, and 50,700,000 on the site, 50,000 on the site, and 50,000 on the site.

On October 2, 2014, the Plaintiff agreed with the Defendant to pay 8,000,000 won in total (2,000,000 won for additional construction work amounting to 6,00,000 won) out of the preexisting construction work amount at the sex scene where the Plaintiff had been in effect on the basis of each of the instant construction contracts and the construction work has been suspended on the grounds of the instant construction contract (hereinafter “instant agreement”). The Plaintiff agreed to pay 2,00,000 won until the fifth of the same month, 2,000,000 won until the same month, and 4,000,000,000 won for the remainder by the 8th of the same month, and 4,000,000 won prior to the last shipment of containers (hereinafter “instant agreement”).

After the instant agreement, the Defendant paid KRW 2,00,000 on October 4, 2014, and KRW 2,000,000 on October 10 of the same month to the Plaintiff, and thereafter, the Plaintiff and the Defendant.