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(영문) 울산지방법원 2018.01.31 2017가단55154
공사대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 75,350,00 and interest rate of KRW 15% per annum from May 17, 2017 to the date of full payment.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

D As the ordering person of E (main Factory Construction), on April 4, 2016, among the above factory construction works, the production and installation works of environmental (water quality) prevention facilities, such as the attached drawings, were awarded to Defendant C Co., Ltd. (hereinafter “Defendant C”). Defendant C awarded a subcontract to F, which is operated by Defendant B, for each tank of the attached drawings, for the PP on the surface treatment of concrete tanks inside and outside concrete tanks. Ling works were subcontracted to F.

[Witness around May 2016, the Plaintiff carried out the construction of a set of the PP mining construction works from Defendant B (hereinafter “instant construction works”).

The construction cost is KRW 45 million.

[A] On the other hand, civil engineering works, such as construction of concrete tanks for environmental pollution prevention facilities, are not Defendant C but directly awarded a contract to DI for the settlement of disputes.

[Witness Witnesses] When explaining the work progress of the instant construction project, based on the right drawing, to install a “tank”, which is an environmental pollution prevention facility, the Minister of Environment must first install a crypt for the manufacture of concrete structure. In this case, if the Plaintiff’s attachment of a PP sets in line with the primary concrete on the surface of the crypt, the civil engineering contractor installed a cypt, and then dismantles the crypt upon the completion of training by breaking steel bars, etc., and then completing the work in order to close the connecting part of the Part.

F around June 2016, the Plaintiff paid the down payment of KRW 13.5 million to the Plaintiff. From July 20, 2016, the Plaintiff continued the instant construction work.

그런데 콘크리트 구조물 설치작업이 일응 마무리된 2016. 8. 중순경 기제작된 콘크리트 구조물의 상하부 폭이 균일하지 않거나 중앙 부위의 휨 현상, 라이닝쉬트와 콘크리트 벽면의 부착상태...

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