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(영문) 창원지방법원 2013.06.13 2012가합1863
공사대금
Text

1. The Defendant’s KRW 171,00,000 as well as annual 5% from May 3, 2012 to June 13, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a corporation with the objective of manufacturing factory automation machines, and the Defendant is a corporation with the objective of heating treatment business and parts processing business.

B. On January 6, 2010, the Plaintiff entered into a contract for the manufacture, installation, and supply of goods between the Plaintiff and the Defendant on January 6, 2010, with respect to “one ton of the design/processing/M assembly construction works” (hereinafter “instant construction works”) for the construction cost of KRW 342,00,000 (excluding value-added tax) and the payment period (date of receipt of approval), and the contract for the installation and supply of goods on January 20, 2010 (hereinafter “instant construction contract”).

68.4 million won of down payment is as follows. Within one week from the date of the submission of the performance guarantee certificate, 12.6 billion won of the first intermediate payment is paid within one week from the date of completion of the approval (the time of completion of assembly, meritorious circuits, the time of completion of the lease), 68.4 million won of the second intermediate payment is paid within one week from the time of completion of the part (the time of completion of the purchase). 12.6 million won of the remainder is paid at the time of the completion of the trial (the time of completion of supplementation of problems after the short-time driving), 12.6 million won of the remainder after the completion of the trial (the time of completion of the construction at the designated place). 2.2) The Plaintiff received 68,400,000 won of the down payment from the Defendant on January 15, 2010.

3. The instant construction contract is part of the “one ton small/M assembly,” which is ordered by Hyundai Indones Co., Ltd., and the said prefabricated is an assembly that automatically runs the device of assembling the transformation parts of a small commercial shipper’s vehicle of one ton.

The instant construction contract added two types to the assembly lines for the existing four models, and is in the process of re-locating the equipment in accordance with the schedule after suspending existing assembly lines while in operation and removing equipment, and then replacing the new equipment and installing new equipment.

C. The Plaintiff entered into a subcontract contract between the Plaintiff and B on January 21, 2010 to B.

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