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(영문) 대전고등법원 2019.01.23 2018나12238

공사대금

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1. A claim filed by the Plaintiff (Counterclaim Defendant) for the extension and reduction of the trial prior to remand, or for the change in exchange.

Reasons

Basic Facts

On July 3, 2014, the Plaintiffs and the Defendant entered into a contract with the Defendant, on the part of the E Co., Ltd. (hereinafter “E”), entered into a contract with the “G” Corporation (hereinafter “instant construction”) which connects pipes to the construction site in the factory among “F” construction works that build a thermal power plant from E Co., Ltd. (hereinafter “E”) to the construction site, with USD 1,990,159, and USD 240,000,000, value-added tax (excluding value-added tax of KRW 68,00,000; hereinafter “E”), and was awarded a contract for the construction site.

(2) On June 20, 2014, prior to the execution of the instant original contract, the Defendant entered into a contract with the Plaintiff C to subcontract the instant construction work (hereinafter “instant contract”) and drafted the following order form (hereinafter “instant order form”).

The Plaintiffs were in the so-called “joint venture business” relationship with the Defendant, and notified the Defendant that the performance of the construction works under the instant contract is in charge of the Plaintiff C, and the contractual duties and external duties are in charge of A. The instant contract was concluded in the name of A.

Order Form

2. The volume and scope of construction: The production of the instant construction project and its detailed scope shall comply with the terms and conditions of the contract document and request of the ordering agency (E) attached thereto;

3. The period of construction and manufacture: A shall be borne by A for all the resources and costs required to perform all the duties, including the following duties relating to this project, in the name of the defendant, from April 25 to March 31, 2015;

6. Contract amount (applicable exchange rate: USD 1 = 80.3957 dives): USD 1,478,706 (40%) Localization (178,322,454 dives): All the expenses incurred in performing the work shall be borne by A.

7.1. Terms and Conditions for Payment: USD 40%, local currency 60%, the Defendant, the subject of PE (Perman Estish management, a corporation established on the part of a foreign business).