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(영문) 인천지방법원 2017.04.11 2014가합10140

공사대금

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 58,433,760 and its amount from July 24, 2014 to April 11, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into a construction contract with the Defendant and the Defendant on March 7, 2014, with respect to installation of a public seal stamp (hereinafter “the instant primary contract”) on the following occasions: (a) the Plaintiff is a company running co-rating and painting installation business, etc. from 42, Nam-gu, Incheon, Nam-gu, Incheon; and (b) the Defendant is a company running the business of producing and selling assembly-type power distribution teams from 274, 274, Gopo-si, Gopo-si, Jeju, Jeju, Jeju, Jeju, the Defendant entered into a construction contract with the following contents (hereinafter “the instant primary contract”).

§ 1.(Name of Construction) Large Walls, factory painting, installation works (construction amount and down payment) of the Ansan system corporation

1. Construction amount: Won-gu0 million won (Won 390,000,000); and

2. Value-added tax: Samcheon-gu million won (Won 39,000,000).

3. Total amount: KRW 429,000,000 won per day (Won 429,000,000).

4. Advance payment: 3/1000 per day under Article 4, including value-added tax (Won 171,600,000) from a day of KRW 171,00,000 per day.

1. The advance payment shall be made within seven days after receipt of a letter of performance guarantee for advance payment;

[Advanced Payment: 40%, intermediate payment: 40% (for progress of 80%) and balance: 20% (within 10 days from the time no approval is granted or granted after a trial run inspection)] Article 6 (Period of Construction (within 65 days after commencement of construction)

1. Commencement: On March 24, 2014, the date of completion: May 27, 2014, the Plaintiff, on the same day, is subject to the following additional construction contracts with the Defendant regarding one of the construction works for the detailed period of construction on the same day (hereinafter referred to as “the second contract”).

Article 1 (Name of Construction) Special Act, Article 2 (Construction Amount and Contract Deposit) Special Act, Article 2 (No. 1 Special Act, Article 2) Special Act, Article 1 (Name of Construction) Special Act, Article 2

1. Construction amount: 26,000 won in daily gold (Won 26,00,000); and

2. Value-added tax: 200,000 won in daily gold (Won 2,60,000).

3. Total amount: 200,000 won (Won 28,600,000).

4. Advance payments: 3/100 per day under Article 4, including value-added tax (Won 11,440,000), daily gold, one million won, and three-one hundred and forty percent per day (Advance payment and remainder payment).