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(영문) 인천지방법원 2018.01.09 2017가합52824

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 1,179,136,181 and the interest rate of KRW 15% per annum from April 8, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff is a company engaged in the manufacture and sales business of chemical medicine, chemical fineing business, electrical construction business, etc., and the Defendant is a company engaged in the production of electrical equipment and electrical construction, automated machine manufacturing, steel structure manufacturing and construction business, etc. 2) The Defendant was awarded a subcontract for C Corporation (hereinafter “instant construction business”) from the Two Industrial Co., Ltd. around October 24, 2007.

B. 1) On January 8, 2010, the Defendant: (a) determined the construction period from February 1, 2010 to December 31, 2010; (b) the construction price shall be USD 854,010; and (c) the construction price shall be paid in accordance with the base price; (d) the payment shall be made in accordance with the base price; and (e) the payment shall be made after deducting 10% of the base price as the reserve price when the construction work is paid after the completion of the construction work (hereinafter “the first contract”).

(2) On February 28, 2011, the Plaintiff and the Defendant extended the construction period of the instant first contract to July 31, 201, and changed the construction price to USD 1,288,986.

3) The Defendant, around July 10, 201, between the Plaintiff and the Plaintiff on July 10, 201, determined the construction period for the portion of Block Macock 2 maline Chemical Bonding Works among the instant construction at USD 105,00,00 for one month from the commencement date of construction, and the construction price. The construction price shall be paid according to the base price, and the payment shall be made after deducting 10% of the base price under the pretext of reservation, and the payment of the reservation amount shall be made upon completion of the construction (hereinafter “the instant secondary contract”).

(4) On October 15, 2011, the Defendant entered into a contract with the Plaintiff on and around October 15, 201, with respect to the part of the instant construction work, Block Ma3 malm chemical purification work (Acsleling Work) one month from the commencement date of the construction period, and the construction price is US$ 105,00.