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(영문) 서울중앙지방법원 2015.08.20 2013가단182316
공사대금
Text

1. The Defendant’s KRW 56,554,315 as well as the Plaintiff’s annual rate of KRW 55% from September 6, 2012 to August 20, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a business entity engaged in manufacturing, supplying, and installing a net-form production warehouse with the trade name of “B,” and the Defendant is a business entity engaged in processing, selling, etc. agricultural and livestock products.

B. On November 30, 201, the Plaintiff and the Defendant entered into a contract for the supply and installation of net-scale producers, etc. (hereinafter “instant construction”) with the content that the Plaintiff would supply and install (hereinafter “instant construction”) the Defendant, and the main provisions are as follows.

The Plaintiff (Plaintiff) commences from December 1, 201 to complete installation works for the supply and construction of the net machine production called “A” and completed around February 15, 2012.

Provided, That in cases of natural disasters, unpaid construction costs, occurrence of additional construction works, etc., the construction may be suspended or postponed.

Details of the supply and installation works shall be items to be reflected in the written estimate.

Items not reflected in a written estimate shall be determined separately by agreement between A and B (Defendant).

The total expenses for the supply and installation of facilities reflected in a written estimate shall be 240,000,000 won, and the value-added tax shall be separately imposed.

When the construction works are conducted, the relevant expenses shall be paid separately by agreement, and all construction expenses not specified in the written estimate shall be paid separately.

The payment of expenses shall be 50% of the down payment, 30% of the intermediate payment, and 20% of the balance (including the time of completion), and value-added tax and additional construction expenses shall be paid at the time of payment

A and B shall recognize a written estimate agreed upon as a document attached to this Agreement.

Other matters not specified in this contract shall be determined and dealt with in consultation with Gap and Eul according to general practices.

With respect to this construction period, A and B shall observe the air prescribed by B.

Provided, That the air may be extended under the agreement between A and B.

C. Of the instant installation works, the Plaintiff and the Defendant partly changed the details of the instant installation works according to mutual agreement between the Plaintiff and the Defendant and part of the air conditioning and net construction among the terms of the original contract.

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