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(영문) 대전지방법원 2018.10.24 2016나112110
공사대금
Text

1. Pursuant to the conjunctive claim added by this court, the Defendant: (a) KRW 14,142,188 to the Plaintiff; and (b) September 2018 to the Plaintiff.

Reasons

Based on the facts, on May 6, 2015, the Plaintiff entered into a contract with the Defendant on the following terms with respect to the repair and production of the existing raw water production plant, and the installation and mobile installation of the new raw water production plant (hereinafter “instant construction”).

(hereinafter “instant contract”). The construction cost of KRW 69,00,000 (mechanic: 45,00,000, KRW 24,000, KRW 24,000), value-added tax of KRW 6,90,000 for construction period from May 7, 2015 to June 22, 2015 (excluding value-added tax) the down payment (10%) of KRW 6,900 for the first (30%) of KRW 20,70,000 for the first (30%) of KRW 20,70,000 for the second (30%) of KRW 20,70 for the second (30%) of KRW 30 for the second (30%) of KRW 20,700 for the remainder (30%) (30,000 for May 30, 2015), and the method of submitting documents after completion of the construction work (the date of completion).

1. Existing drama repair shall be replaced by a partial decomposition at present.

2. New production shall be installed after the manufacturing from outside.

3. Methods of using stuffs currently in use;

1. Standards for automatic trial operation (a new factory) after relocation and installation of a 0.4L raw water production warehouse;

2. The Plaintiff and the Defendant agreed to reduce the total of KRW 5,788,000,000 on the machinery of the contract of the instant case as KRW 45,000,000, as stated in the written estimate (Evidence No. 12-2), as KRW 27,393,504, as stated in the written estimate (Evidence No. 12-1), to KRW 24,000,000 on the electricity, as KRW 27,393,50,000 on the machinery of the instant contract, and KRW 24,00,000 on the electricity.

After concluding the instant contract, the Defendant paid the Plaintiff KRW 27,600,000 in total with the first intermediate payment.

The Defendant, on September 23, 2015, failed to sell to the Plaintiff, until June 22, 2015, the instant construction was not completed by the Plaintiff.

Until now, the Plaintiff requested the completion of the instant construction work to the Plaintiff several times of wire or face-to-face. However, the Plaintiff has not completed the instant construction work up to now.

Therefore, the contract of this case is cancelled.

“............ sent a certificate of content, this time.

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