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(영문) 수원지방법원 2019.12.05 2018가단547749
공사대금
Text

1. The Defendant’s KRW 11,955,00 for the Plaintiff and 6% per annum from November 21, 2018 to December 5, 2019.

Reasons

1. Facts of recognition;

A. On June 7, 2018, the Plaintiff entered into a contract with the Defendant for construction work (hereinafter referred to as “instant contract”) with the terms and conditions that the Plaintiff is awarded a contract with the Defendant for “C” (hereinafter referred to as “instant construction work”) with the amount of KRW 295,00,000 (excluding value-added tax; KRW 73,750,000 in advance; KRW 132,750,00 in advance at the time of completion of the supply of SITE; KRW 132,750,00 in the first intermediate payment; KRW 59,000 in the second intermediate payment at the time of completion of the construction work; KRW 29,50,000 in the remainder at the time of the completion of the construction work); and on November 30, 2018 (on trial completion) (hereinafter referred to as “instant contract”).

B. Under the instant contract, the Defendant paid each of the Plaintiff KRW 81,125,00 (including value-added tax) and KRW 130,000 (including value-added tax) as part of the first intermediate payment.

C. In accordance with the instant contract, the Plaintiff was performing design and manufacturing work for the logistics organization, which is the content of the instant construction, and had suspended the manufacture of machinery and components necessary for the installation of the logistics organization from around September 2018. From around October 1, 2018, the progress of the instant construction was suspended by suspending the supply of human resources necessary for the installation of machinery and components produced.

Accordingly, on September 31, 2018, the Defendant entered into a contract for the manufacture and supply of goods to E, which are components necessary for the establishment of the distribution equipment division (mechanic) with D Co., Ltd. (hereinafter “C”), and received supplies from D, by October 31, 2018.

In addition, on October 2018, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with a policeman F Co., Ltd. (hereinafter “F”) on the main contents of human resources supply for installation and trial operation of manufactured components, and F Co., Ltd., on November 20, 2018 according to the instant subcontract, the Defendant completed installation and trial operation of the Department of Logistics around November 20, 2018.

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