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(영문) 부산지방법원 2019.06.12 2018나56725
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 92,213,00 and KRW 22,192,00 among them.

Reasons

1. Basic facts

A. On June 24, 2015, the Plaintiff entered into a contract between the Plaintiff and the Defendant with the Defendant for the production and installation of facilities for the Defendant and SALO (hereinafter “private facilities”) and PNEUMAT CONEYR facilities (hereinafter “new plastic facilities”) below the construction contract for the installation and installation of facilities as private days.

1. Contract amount: 760,000,000 won (excluding value-added tax);

2. Period of construction: September 15, 2015 ( separately for trial operation);

3. Scope of contract: Conditions of success in production trial (see special conditions in contract) (a contract for the production and installation of new plastic equipment).

1. Contract amount: 480,000,000 won (excluding value-added tax);

2. Period of construction: September 15, 2015 ( separately for trial operation);

3. Scope of the contract: The payment terms of each paragraph shall be the conditions of passing the production trial (see special conditions of the contract) for the payment of Article 2 of the O Special Conditions of the Contract.

(Additional Value-Added Tax). However, when the defendant receives the price from the original Cheong Co., Ltd. (C; hereinafter referred to as “C”) upon a request for flag, it shall be adjusted and paid to the plaintiff under the equivalent conditions.

1. Contract deposit (30%): 228,00,000 won, 144,000,000 won (each of four months’ bills and each performance bond);

2. Part payments (40%): 304,00,000 won, 192,00,000 won (after entering each four-month bill or contract goods at the scene);

3. Balance (30%): 228,00,000,144,000,000 won (for each four months’ bill, and for each four months’ passing of the facility operation and payment after the submission of performance securities), Article 3 (Scope of Contracts).

1. The Plaintiff includes the design, manufacture, supply, trial run, and approval of the Defendant’s original office building inspection in accordance with the Product Liability Act.

2. He/she shall submit education and manuals for mechanical driving to the defendant simultaneously with approval for test operation;

Article 4 (Production and Delivery)

1. The Plaintiff’s specifications for the final estimate presented by the Plaintiff, and the specifications presented or demanded by the Defendant, must be produced as agreed by technical hosting (after obtaining the Defendant’s approval within five (5) days from the date of preparation, work schedule, together with the Defendant’s approval). The items of question, functionality, and overall work progress, even during the production.

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