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(영문) 대구지방법원 2016.12.16 2015가단2161
손해배상(기)
Text

1. The Defendant: (a) KRW 21,125,790 for the Plaintiff and 5% per annum for the period from June 18, 2014 to December 16, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 2013, the Plaintiff, jointly with Einsem Korea Co., Ltd. (hereinafter “Einsem Korea”), was awarded a contract with the Seoul subway Co., Ltd. (hereinafter “Einsem Korea”), for the construction project (hereinafter “instant lighting project”) for the production and installation (four tools”) of the Seoul subway Co., Ltd. (hereinafter “Einsem Korea”), by the contract amount of 8,77,410,00 won, and the delivery installation period from October 23, 2013 to May 20, 2014 (210 days), and the ratio of shares of joint supply and demand contractors to the designated place of the Seoul Metropolitan Government Urban Railroad Corporation, the Plaintiff is 90% and the Einsem Korea is 10%.

B. On November 2013, the Plaintiff and the Defendant entered into a contract for the installation of goods (hereinafter “instant construction contract”) with the Plaintiff, which provides that the Defendant shall receive a contract amount of KRW 1,200,000,000 (excluding value-added tax), from December 1, 2013 to May 20, 2014, among the instant lighting operations, for the installation and construction and replacement (including disuse) of Seoul subway BED lighting among the instant lighting operations (hereinafter “instant construction”). On December 2013, the contract for the installation of goods (hereinafter “instant construction contract”) was changed to the contract amount of KRW 1,480,00,000 due to the increase due to the change in the contractual unit price.

Since then, the Plaintiff demanded the Defendant to reduce the installation volume of the instant construction contract to 65%, and accordingly, the Plaintiff was finally changed to the contract price of KRW 962,00,000 on the grounds of a decrease in installation volume around February 2014.

(hereinafter “instant modified contract”). C.

At the time of the instant change agreement, the Plaintiff and the Defendant agreed that “by March 31, 2014, the remaining quantity and defective processing of the tunnel and history shall be completed. The Defendant shall prepare and submit all documents regarding the construction (the submission of completed documents shall be submitted by the contractor at the time of completion). Additional settlement shall be made for the increased or decreased portion of the contract quantity.”

(hereinafter “instant agreement”). D.

The Defendant’s content of the instant contract.

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