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(영문) 수원지방법원여주지원 2019.10.23 2016가합6827

대금반환 청구의 소

Text

1. The Defendant’s KRW 66,145,274 as well as the Plaintiff’s annual rate from January 4, 2017 to October 23, 2019.

Reasons

1. Basic facts

A. 1) Nonparty D Co., Ltd. (hereinafter “D”) concluded the instant contract and the Plaintiff’s discontinuance of construction

2) The construction work of “Spool Fbriing Work” (hereinafter “the construction work of this case”) connecting pipes to the construction site in the construction site among the construction work of “F” which constructs a chemical power plant from E Co., Ltd. (hereinafter “F”).

(2) On June 20, 2014, D entered into a contract to subcontract the instant construction to the Plaintiff (hereinafter “instant contract”) and drafted the following order form (hereinafter “instant order form”).

The Plaintiff and B Co., Ltd. (hereinafter “B”) are in the so-called “joint venture business” relationship D. The Plaintiff and B notified that the Plaintiff is in charge of the performance of the construction work under the instant contract, and the contractual duties and external duties are in charge of B, and the instant contract concluded in the name of B.

The order of this case

4.A (Plaintiff) shall carry out all the services related to the Corporation under the name of A (B) and bear all the resources and expenses required for carrying out the services related to the Corporation.

4. 1 Simple Rawings/Sets preparation and field production;

4. 2 inspections;

4. 3 The factory shall complete the construction in order to avoid the problem in the schedule of the commencement of the manufacture, prepare all facilities for the manufacture work, and attach related facilities to the name of the company A to carry out the construction work in the name of the company A;

4. 4 Investment of an organization and workmen performing the work.

4. 5 Input of construction equipment, official tools, expendable materials, Jixure and necessary materials;

4. Six plans for performing construction works and reporting on the current status thereof.

4. Waste materials/NEW transport and internal cleaning should be conducted within the 7 plant site and equipment should not be sold or removed at the time of departure on the ground that the susop and internal facilities/equipment ownership after the completion of the manufacturing work belongs to Owner SPC Spa.

4.8 Various management services required for the execution of the Works including the management of the Fund under the following subparagraphs shall be made in the name of A.