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(영문) 부산지방법원 2017.06.28 2015가합49043

공사대금

Text

1. The defendant shall be the plaintiff.

(a) KRW 33,750,000, as well as 5% per annum from November 16, 2015 to June 28, 2017; and

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of electrical construction business, fire fighting business, etc., and the Defendant is a juristic person established for the purpose of manufacturing and selling ships, various maritime structures, etc.

B. 1) The Defendant and C Co., Ltd. (hereinafter “C”)

on January 20, 2015, the Defendant’s Korea Electric Technology Corporation (hereinafter “Korea Electric Technology Corporation”) is the Korea Electric Technology Corporation (hereinafter “Korea Electric Technology Corporation”).

(2) The construction of the instant construction project, including Dwork and CAB contracted from the Corporation (hereinafter referred to as “instant construction”).

C. 825,000,000 won (excluding value-added tax; hereinafter the same shall apply) of the construction amount

(A) A contract under which the construction period will be from December 1, 2014 to December 31, 2015 (hereinafter “instant facility contract”) is to be concluded (hereinafter “instant facility project contract”).

The Defendant and C concluded the instant electrical construction among the instant electrical construction works (hereinafter “instant electrical construction”).

(2) On January 20, 2015, a written agreement (hereinafter “instant agreement”) made between the Plaintiff and C on January 20, 2015, stating that the contract amount of the instant electrical construction is KRW 125,00,000,000 among them for smooth supply and demand of on-the-spot materials, and that the Plaintiff and C, as regards KRW 75,000,000,000, among them, enter into each contract.

Article 1 (Name of Construction: 85% of the contract amount, including the down payment, 15% of the contract amount, 15% of the contract amount at the time of completion of the building, 15% of the contract amount at the time of completion of the G building, 15% of the contract amount at the time of completion of the construction, 15% of the contract amount at the time of completion of the construction, 15% of the contract amount at the time of completion of the construction, and 4% of the remainder of the contract amount at the time of completion of the construction: 15% of the contract amount at the time of completion of the operation and the TAB (excluding value-added tax): the contract amount at December 1, 2014 to December 31, 2015 (1).