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(영문) 부산지방법원 서부지원 2018.12.14 2017가단9747
공사대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 70,383,978 and for this, 6% per annum from November 30, 2017 to December 14, 2018.

Reasons

1. Basic facts

가. 주식회사 A(이하, 아래와 같이 회생절차에 들어가기 전후를 통틀어 편의상 ‘원고 회사’라 한다)는 열교환기와 담수설비 등에 들어가는 단조품(鍛造品)의 제작가공업을 하는 회사이고, 피고는 설치용 금속탱크 및 저장용기 제조업을 하는 회사이다.

B. (1) The Defendant Company was awarded a contract by F in early 2017 for the manufacture and supply of machinery parts to be installed in E-power plants constructed by D in Vietnam.

(2) On May 26, 2017, the Defendant Company: (a) deposited the processing supply of the above machinery parts with the Plaintiff Company’s equipment; (b) subcontracted the price of KRW 230,719,50 (including value-added tax; hereinafter the same shall apply); and (c) on June 22, 2017, the KRW 31,90,000 each of the said machinery parts with the price plus KRW 230,719,500.

(1) On July 28, 2017, the payment period: (i) the method of paying the construction cost until August 15, 2017 (2) the advance payment (1st) - 10% of the order, the contract deposit, the performance bond, the performance bond, the performance bond, the performance bond (2nd) - the advance payment (2nd) - 40% of the amount of compensation for delay shall be submitted to the company for delay, separately from the payment period of compensation for delay equivalent to 10% of the advance payment (3rd), 40% of the amount of compensation for delay from the expiration of the supply (10% of the outstanding bond), the balance of the defective bond, the payment of 10% of the outstanding bond, the payment period of compensation for delay shall be 10% of the amount of compensation for delay from the expiration of the contract (3rd), the payment period of compensation for delay shall be 10% of the amount of compensation for delay from the expiration of the contract.

(3) The main contents of the instant supply contract are as follows.

C. The plaintiff.

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