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Reasons
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(영문) 대전지방법원서산지원 2016.08.25 2014가합1804
공사대금
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1. The part concerning the claim for payment of KRW 60,524,365 among the principal lawsuit of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. 1) The Defendant entered into the instant contract on July 3, 2014 (hereinafter “E”)

(F) The “G” construction that connects pipes from the factory to the construction site among “F” construction that constructs a complex thermal power plant to Algeria (hereinafter “instant construction”).

2) On August 16, 2013, before entering into the contract with the Plaintiff, the Defendant agreed to subcontract the instant construction to the Plaintiff C, and requested the Plaintiff C to make a quotation.

Plaintiff

C submitted a written estimate to the Defendant three times from around that time to March 23, 2014. On April 30, 2014, upon the Defendant’s request, the Defendant participated in meetings conducted in E for contractual and follow-up work on April 30, 2014. From May 19, 2014, C requested design to manufacture equipment necessary for the instant construction work and started preparation such as purchasing parts.

3) On June 20, 2014, the Defendant and the Plaintiff C agreed to subcontract the instant construction work on a fixed basis (hereinafter “instant contract”).

(2) In entering into the contract, the order of this case (hereinafter referred to as “the order of this case”) with the following content:

2) The Plaintiff C Co., Ltd. (hereinafter referred to as “A”)

As the plaintiff C is in a collaborative relationship with the plaintiff C, and A is responsible for the contract-related affairs and external affairs, the order was prepared in the name of A, and the liability for the contract was borne by the plaintiff C and A.

Order Items: F/G

3. Period of construction and production: USD 1,478,706 ($ 40%) on April 25, 2014 to March 6, 2015 (applicable exchange rate: USD 1,478,706 ($ 40%) on March 6, 2015.

7.1. Payment Terms and Conditions: USD 40%, localization 60% for PEmerman Estblish management and overseas projects.

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