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(영문) 수원지방법원 안산지원 2018.09.18 2016가단22042
공사대금
Text

1. The Defendant: (a) KRW 71,250,000 for the Plaintiff and KRW 5% per annum from September 27, 2016 to September 18, 2018.

Reasons

1. Facts of recognition;

A. D Co., Ltd. entrusted E (hereinafter “E”) with the manufacturing of a location control device Hand, among automobile parts, and E awarded a contract for the manufacturing of 12 manufacturing machinery equipment to the Defendant for the production of the above garrator.

B. On January 5, 2016, the Defendant Company A to the Plaintiff.

The design, distribution, and program production works of electrical control equipment for the nine remaining nine parts of the production machinery as described in the port were subcontracted to another business entity. The design, distribution, and program production works of electrical control equipment (the name of the contract: F; hereinafter referred to as the “instant construction works”) which control B were determined as the contract period from January 4, 2016 to February 29, 2016, and the contract amount of KRW 137,500,000 (including value-added tax; hereinafter the same shall apply) which includes the following:

Article 3 (Determination Method) The Defendant “A” shall pay the contract amount in installments according to the type of progress in which all the electrical control works executed by the Plaintiff “B” have been completed at the place designated by the Plaintiff “A” as follows:

- down payment: Cash payment of KRW 30,000 (37,500,000) in total contract for electrical control (37,50,000 won after the launch) - Payment of KRW 40% of the contract amount (50,000 on the date of cash payment) - Payment of KRW 50,000 (50,000) in cash (50,000 won) at the time of completion of all the electrical control operations under the contract: The remainder of payment (50:0,000 won (37,50,000 won after the completion of the contract): Cash Payment (5:00,000 won after the completion of the customer company’s approval: 16:20,000 won after the completion of the contract) [20,000 won after the date of cash payment] Article 4 (1) and place of delivery] - Payment on the 16th day of February 19, 2016.

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