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(영문) 대전고등법원 (청주) 2018.05.16 2017나6420
약정금
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the conjunctive claim added by this court, the defendant is entitled to file a preliminary claim with the plaintiff on 158.

Reasons

1. Basic facts

A. The Defendant, who carries out the plant manufacturing business, 1) the plant manufacturing business between the Defendant, C and the Plaintiff, 3 (hereinafter “C”) is a stock company that carries out the steel structure manufacturing business.

(2) the military funeral D Corporation (hereinafter referred to as “military funeral Corporation”)

2) C subcontracted the construction cost of T-02 and T-03 production and supply work of T-0,00 won (including value-added tax; hereinafter the same shall apply) in the military site construction process to the Plaintiff who engages in the manufacturing business of steel structure,

Each subcontract was made for construction cost of KRW 309,760,000.

(hereinafter referred to as the “instant construction” refers to each of the above construction works contracted by C. B.

Preparation 1 of the Agreement between Defendant F, C, and Plaintiff, the Plaintiff discontinued the supply of steel structures subcontracted as it did not receive the subcontract price from C after April 25, 2015.

Title: Agreement on Payment of Construction Costs

1. During October 2015, C shall pay the Plaintiff the construction cost of KRW 500,000,000.

2. During October 2015, C shall pay the Plaintiff the construction cost of KRW 230,000,000.

3. If the defendant fails to comply with the proposed payment of the price under the above 1 and 2 above, it shall be immediately treated by the defendant.

4. Under the terms and conditions of this Agreement, if the defendant, C, and the plaintiff do not raise any objection, sign and seal the products shall be promptly supplied by the plaintiff, and the unprocessed products shall be produced and supplied in such a manner as not to impede the installation process at the site.

B CF CE HH 2) For the purpose of enabling the instant construction to be carried out, the Defendant Executive Director F to: (a) on May 11, 2015, with the Plaintiff’s representative director and the vice president E; and (b) on the instant construction, the “written agreement on the payment of construction costs” (hereinafter “instant agreement”).

this section, and the basis for this section.

Details and the details of the signature at the end of the year.

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