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(영문) 수원지방법원안산지원 2014.12.18 2013가합7636
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 11, 2009, the Plaintiff and the Defendant concluded a contract under which the Plaintiff would accept construction works from the Defendant with the following content (hereinafter “instant subcontract”).

Ph.2 Saz. - U.A.E. project subcontracted : Puwei - PuDhab. U.E. project subcontracted : Puwei - PbuD . E. E. : Puweb 200.6.11 to 0.30.6.11, 2010.6.30-10-6.300-6.06.06.10-6.06.0-6.06.0-10-7.06.27.10-7.06.06.0-6.06.0-1,000-1,000-1,000-1,0000-1,000-1,000: 1,000-1,000-1,000-1,000-1,000

B. According to the instant subcontract, the Plaintiff implemented a tank construction work for food storage (hereinafter “instant construction work”) and completed the tank six tanks for food storage, and delivered them to the Defendant in sequence. The tank No. 11 was delivered to the Defendant on October 3, 2010, and the tank No. 12 on August 31, 2010, and the tank No. 13 on October 31, 2010, and the tank No. 14 on November 29, 2010 and the tank No. 15 on December 16, 201, were delivered to the Defendant on February 16, 201.

C. On April 23, 2012, the Plaintiff and the Defendant agreed to change the contract amount stipulated in the instant subcontract from USD 14,70,000 to USD 14,237,154.80.

On April 24, 2012, the Defendant notified the Plaintiff of USD 484,063.44 for the pertinent period of delay on the ground that the Plaintiff completed the construction work later than the completion schedule stipulated in the instant subcontract, and paid the remainder of the construction cost after deducting the equivalent amount from the said amount to the Plaintiff on May 23, 2012.

[Ground of recognition] There is no dispute.

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