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(영문) 대구지방법원경주지원 2017.12.19 2016가단12475
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 127,00,000 and the interest rate of KRW 15% per annum from June 30, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of manufacturing and installing environmental facilities, and the Defendant is a company established for the purpose of waste disposal business, waste food disposal business, etc.

B. On March 7, 2016, the Plaintiff concluded a construction contract for the production and installation of a suspected fire extinguishing system with the Defendant by setting the construction cost as KRW 132 million (including value-added tax; hereinafter the same shall apply) and concluding the construction contract with the following content:

(hereinafter) The foregoing facility is referred to as “the instant wastewater treatment facility” and the above construction contract is referred to as “the instant construction contract”). The name of the construction project: the contract amount for the manufacturing and supply of the suspected fire extinguishing system: the contract amount of the ancillary equipment 1 (supply details shall be based on a quotation) other than the fire extinguishing system (20.6 tons/day): KRW 120 million: the separate construction payment method of value-added tax (construction completion) April 15, 2016: advance payment (10%) KRW 12 million: the separate intermediate payment (30%) of value-added tax (30%) KRW 36 million, the balance (60%) of value-added tax (60%) (60%) (60%) (60%) and the separate payment of value-added tax (60%) (60%) (62 million won after entry and completion of the construction and trial operation).

C. On May 10, 2016, the Plaintiff completed the installation of the instant wastewater treatment facilities within the Defendant’s factory and delivered it to the Defendant, and the Defendant entered the trial run from around that time.

The defendant has paid KRW 5 million among the above construction costs, but did not pay the remainder of KRW 127 million.

On the other hand, the defendant was established for the purpose of waste treatment business on March 2013, but it was difficult to operate due to the continuous profit since it had not occurred after its establishment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, significant facts in this court, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant shall pay the Plaintiff the remainder of the construction cost of KRW 127 million (hereinafter “the remainder of the construction in this case”) as stipulated in the contract of this case, and this shall apply.

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