(영문) 창원지방법원 2018.01.18 2016가합54254

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(영문) 창원지방법원 2018.01.18 2016가합54254

공사대금

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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 2,572,058,388 and the full payment from January 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s construction contract 1) Posco Co., Ltd. (hereinafter “Posco”).

(3) The Plaintiff owned multiple series of representative loading and unloading machines to load and unload steel ore, but among them, the Mayang CSSU 5 flag (hereinafter “instant equipment”).

(2) On June 11, 2012, the Defendant, its subsidiary company, concluded a contract on the use of the site, buildings, and equipment owned by the Sungdong industry with the Plaintiff on June 11, 2012 to remove, transport, and store the instant equipment, and on September 6, 2012, the Defendant, among the instant equipment, requested the Plaintiff to dismantle and transport, and store the blveling of the Blve Elevator elevator from among the instant equipment. On May 12, 2012, the Plaintiff concluded a contract on the use of the instant equipment for the entire site, buildings, and equipment owned by the Sungdong industry with the Sungdong Industry Co., Ltd. (hereinafter “Sdong industry”) located in Changwon-si, Changwon-si, Seoul. Therefore, the Defendant removed the instant equipment and transported the instant equipment to transport and store it within the Dongdong industry.

3) On January 10, 2013, the Defendant was awarded a contract for the repair of the instant equipment with Switzerland for the repair service of the instant equipment through competitive bidding, and on February 7, 2013, between the Plaintiff and the Plaintiff on February 7, 2013, the repair contract for the instant equipment up to December 15, 2013 (hereinafter “instant contract”).

(4) According to the instant contract, the Plaintiff began to repair the instant equipment at the place of business of Sungdong Industries in accordance with the instant contract. On September 4, 2013, the instant contract entered into a contract with the Defendant to change the price of KRW 6,649,50,000 (hereinafter “instant contract”) to KRW 6,649,50,000, based on the additional repair work (Buker Elewling Flack’s remuneration).

5 The plaintiff was sexually operated on October 6, 2013.

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