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(영문) 서울남부지방법원 2017.10.20 2017가합106993
공사대금
Text

1. The Defendant’s KRW 813,720,328 among the Plaintiff and KRW 365,20,000 among the Plaintiff, shall be KRW 420,20,000 from May 17, 2017.

Reasons

1. Indication of claim;

A. The Plaintiff (hereinafter “Plaintiff”) is a company that engages in the environmental plant design business, etc. without distinguishing between the change of the name of the juristic person and the change before and after the change of the name of the juristic person from “NB” on February 27, 2017, and the Defendant is a company that engages in the production, transportation, distribution of integrated energy and other related business.

B. On May 13, 2016, the Plaintiff received an order from the Defendant to perform part of the design work upon receiving a detailed design service for the integrated energy facilities for nuclear energy complexes.

The main contents of the agreement in this case (the detailed design service for the construction project of integrated energy facilities for nuclear energy complexes in nuclear power plants)

2. In accordance with Article 19 of the detailed design agreement, the Defendant shall pay to the Plaintiff ten percent (382,00,000,000, and value-added tax separate) of advance payment by January 13, 2017.

3. From May 13, 2016 (the date the agreement on the commencement of detailed design was concluded), the Defendant recognized that the design process ratio for the performance products and construction plan documents submitted by the Plaintiff to the Defendant is 20%, and the first progress payment (382,00,000,000, value-added tax separately) equivalent to the remaining 10%, excluding advance payment to be paid under paragraph 2, out of service costs equivalent to 20%, shall be paid until February 3, 2017.

4. Where the amount under paragraphs (2) and (3) has not been paid by the fixed date, the defendant shall pay an annual interest equivalent to 20% of each amount during the period in arrears, calculated on a daily basis.

C. On January 6, 2017, the Plaintiff entered into an agreement with the Defendant on the submission of authorization and permission documents and the payment of detailed design expenses (hereinafter “instant agreement”) and the main contents are as follows.

The Defendant paid KRW 5,00,000 as part of the advance payment on May 17, 2017, when the Defendant did not pay the agreed money to be paid by the due date under the instant agreement.

E. Therefore, the defendant's remaining balance of 365,200,000 won = 382,00,000 won ¡¿ 1.1 - 55,000.

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