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(영문) 인천지방법원부천지원 2020.09.11 2019가단15351
공사대금
Text

1. The plaintiff's claim against the defendant B;

(a) dismiss the primary claim for the cost of installing laundry equipment;

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of repairing and installing the secondhand laundry machines, Defendant B is a person engaged in the laundry service business, and Defendant B is a corporation with the purpose of selling the laundry machines.

B. Around May 2017, Defendant B entered into a contract with the Defendant Company to import used laundry equipment and supply it to Defendant B’s laundry factory (hereinafter “contract to supply laundry equipment”). Meanwhile, the Plaintiff and the Defendants entered into a contract with the following terms on June 28, 2017:

(hereinafter referred to as "contract for the installation of laundry Equipment"). (1) Details of the subject matter of the contract: Attached Table 1: See Attached Table 2: KRW 100,000, KRW 100,000, and KRW 2 (Expenses) of Value-Added Tax. (2) The user fees for accessory equipment and equipment necessary for the exchange work, such as repair and alteration, shall be paid by the Defendant B.

Article 9 (Payment of Price) (1) Payment of the price under Article 1(2) shall be made by Defendant B to the Defendant Company, and the Defendant Company shall pay to the Plaintiff as follows:

30% of down payment: Payment at the time of conclusion of this contract.

Part-time payment: Payment shall be made according to the progress of the work.

The remainder 10%: The payment shall be made after the issuance of a certificate of performance guarantee for defects after the completion of the trial.

The amount of bonds issued for performance guarantee of defects shall be 10% of the total amount of contracts under Article 1 (2).

C. The Plaintiff received part of the construction cost under the contract for the installation of laundry equipment from the Defendants as follows.

6,050,050,000 on July 6, 2017, July 13, 2017, 2017; 5,000,500,500 on July 24, 2017, July 24, 2017; 5,500,000 on September 30, 2017; 5,000,000 on September 29, 200 on November 5, 2017; 5,000,000 Defendant B on December 5, 2017; 5,000,000,000 on September 10, 2018; and

D. Meanwhile, the Defendant Company asserted that Defendant B entered into a contract for the supply of laundry equipment in KRW 598 million against Defendant B, and that it was not paid in KRW 238.5 million among them.

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