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Reasons
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(영문) 수원지방법원안산지원 2019.02.21 2018가합371
압출설비용로 납품대금
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1. The defendant shall pay 230,100,000 won to the plaintiff and 15% per annum from April 6, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On January 23, 2017, the Plaintiff entered into a subcontract construction contract with the Defendant on the manufacturing, installation, and trial operation of “LOG HEHHEE and SHEAR, AGINGOVN, and DES HEATSHEN (hereinafter “instant construction contract”) (hereinafter “instant construction contract”), and its main contents are as follows.

Article 1. Details of Contract Goods

1. Item: 1 equipment, each of LOG HEATS and SHEAR, AGINGOVN, and DIES HEER, respectively;

2. Delivery place: Payment method (excluding value-added tax) Article 3 of the contract amount under Article 2 of the Kimpo Factory of C, which is 530,000,000 won (excluding value-added tax).

1. Contract deposit: Payment of 30% (159,000,000 won) of the contract amount within one week after the conclusion of the contract;

2. Part payments: Payment of 40% (212,00,000 won) of the contract amount after completion of production;

3. Balance: The payment period under Article 4 for the payment of the contract amount of 30% (159,00,000 won) of the contract amount within 15 days when the installation of contract goods and the trial operation are completed: The plaintiff of the penalty for delay under Article 6 on May 15, 2017 shall pay to the defendant 3/100 of the total amount of the contract amount per day delayed in the payment period for the delayed days.

(excluding natural disasters or cases where the plaintiff and the defendant have agreed in advance, and compensation for delay shall not exceed 10 per cent of the contract amount).

On February 7, 2017, the Plaintiff and the Defendant changed the specifications of LOG HEATHE and SHEAR from 8 to 9 “,” and agreed to the additional construction cost of KRW 22,00,000 (including value-added tax).

C. On August 31, 2017, the Plaintiff completed the instant construction work, and C was in the quantity of products from September 2017.

The defendant paid 374,900,000 won to the plaintiff up to now.

[Ground of recognition] Facts without dispute, evidence Nos. 4-1 through 3, evidence Nos. 7 through 9, each entry of evidence No. 1, fact-finding results with respect to C, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the defendant shall pay the remainder of the construction cost to the plaintiff, except in extenuating circumstances.

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