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(영문) 대전지방법원천안지원 2019.05.22 2017가단108352

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On October 4, 2016, the Plaintiff entered into a contract with the Defendant to establish a consortium system (name of equipment: EC/V 1, 2, and 3) that the Defendant produced under a contract with D (hereinafter “Nonindicted Company”) within the factory of the Nonparty Company and receive construction cost of KRW 110 million (excluding value-added tax) from the Defendant (hereinafter “instant construction work”).

The main contents of the instant contract are as follows.

The period of construction cost of KRW 10 million (excluding value-added tax): The payment from October 11, 2016 to December 10, 2016: The payment shall be made with a purchase card exclusively for enterprises within 20 days after the completion of the payment requirement.

-Advanced payment (30%) : Advance payment, required to submit evidentiary documents of securities for contract performance (10%) - intermediate payment (40%) : At least 50% of the total progress rate (1. 15%) - Balance (30%) : Repair of defects after the completion of assembly (12. 15.15.) : the repair and processing of defects shall be completed, if any, at the time of a trial run.

B. The Defendant paid to the Plaintiff KRW 72.6 million amounting to 60% of the total construction cost stipulated in the instant contract (i.e., value added tax of KRW 66 million).

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion agreed with the Defendant to complete the instant construction work by December 10, 2016 under the instant contract with the Plaintiff, and the Defendant failed to properly implement the contractual terms with respect to the Plaintiff, such as supplying or delaying the supply of defective parts produced over 37 occasions, thereby running a fair rate of 80% by the maturity date of the said construction work.

After the due date of the construction, the Plaintiff intended to obtain a subsequent settlement of wages for the number of workers additionally generated after the due date of the construction, and the person in charge of the non-party company should suspend all of the work to the Plaintiff and withdraw it from the site.