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(영문) 서울동부지방법원 2019.01.11 2016가단139934
공사대금
Text

1. The Defendant’s KRW 28,771,60 for the Plaintiff and KRW 5% per annum from October 30, 2017 to January 11, 2019.

Reasons

1. Facts of recognition;

A. On June 15, 2015, the Defendant entered into a contract with C (hereinafter “C”) for construction and delivery of “YNCC PEBLE WY YSTM, Filtered Tank (hereinafter “3struc tank”) and Wter 10struc tank (hereinafter “C”),” which was contracted by C (hereinafter “C”), on June 15, 2015, with respect to the tank manufacturing and delivery work (hereinafter “instant tank manufacturing work”). On July 30, 2015, the Defendant entered into a contract with the Plaintiff on the price of KRW 79,00,000 (including value-added tax of KRW 86,90,000,000), on July 30, 2015, with the delivery date fixed as the Defendant’s factory.

(hereinafter referred to as the “instant subcontract”). (b)

1) On June 16, 2015, the Defendant sent the tank manufacturing specifications delivered from C to the Plaintiff by e-mail. The letter of the letter of the letter of the specifications stated that the Defendant is using the contact method of SMAW, GTAW, and SAW in connection with the manufacturing of the instant tank. 2) On June 17, 2015, the Defendant sent the Plaintiff the form samples, such as the contact process specifications (WPS) and the process recognition records, and had the Plaintiff prepare WPS and QR necessary for the production and supply of the instant tank.

However, on July 3, 2015, the Plaintiff prepared WPS and PPR stating that it will be contacted by the FCAW method, unlike the contact method stipulated in the above specifications, with respect to the manufacturing of the instant tank, and sent it to the Defendant. The Defendant changed only the preparation title of the above documents to C.

3) On July 23, 2015, the Plaintiff produced a 3lub tank manufacturing in contact with the GTAW method as set out in the Mayang, and on July 23, 2015, the 3lub tank and the 10lub tank accessories of the said 3lub tank were first inspected in the Docheon factory. Meanwhile, around that time, the Plaintiff was manufacturing a 10lub tank main body in the Silub tank located in Silub City by the FCAW method. 4) On July 30, 2015, the Plaintiff was manufacturing the 10lub tank main body by the FCAW method.

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