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(영문) 의정부지방법원 2019.08.22 2018나213782
공사대금
Text

1. Of the parts concerning the counterclaim of the first instance judgment, the payment order exceeds the following amount.

Reasons

1. Facts of recognition;

A. C Incorporated was merged with D Co., Ltd. on December 1, 2015.

(C) On May 8, 2014, E Co., Ltd. (hereinafter “E”) entered into a contract with E Co., Ltd. (hereinafter “E”) for the supply of equipment (hereinafter “instant contract”) on July 15, 2014 (the instant facilities”) and August 15, 2014 (the date of completion of the trial operation) to supply the equipment, each of which is KRW 160,000,000,000, and the rate of compensation for delay, as KRW 3/1,000,000 per day for construction (hereinafter “instant facilities”).

B. On May 14, 2014, C paid the down payment of KRW 1,560,000 [320,000 won (320,000 won x 0.3) additional x 9.00,000 won)] in accordance with the instant contract. (c) Defendant E company, as the representative director of E company, operated an individual company of the trade name “E”, is also a zero-year corporation with the capital of KRW 100,000,000,000,000,000,000 won. The Defendant entered into a subcontract contract with F on July 30, 2014 (the instant facilities) and KRW 9,700,000,000,000 for the design, manufacture, and installation of the instant facilities, and KRW 300,000,000,000 for the said facilities (the instant facilities x KRW 19,000,00 won).

E. However, F failed, within the time limit stipulated in the above subcontract agreement with the Defendant, to pass the test operation of the instant facilities and separate facilities within the said period, and E was also unable to comply with the contract of this case.

C notified on March 24, 2015 that the E company will claim compensation for delay, and the Defendant.

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