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(영문) 수원지방법원안양지원 2016.08.11 2015가단8115
도급대금 등
Text

1. The Defendant’s KRW 14,00,000 as well as 6% per annum from March 31, 2016 to August 11, 2016 to the Plaintiff.

Reasons

1. On June 7, 2014, the summary of the Plaintiff’s assertion concluded a contract for the production and supply of 28 million won for the supply price with C, which is set as KRW 28,00,000,000 for the floor cutting down of the floor cutting down of the apartment floor between the apartment floor. Of the price, the contract deposit of KRW 14,00,000,000,000 for the remainder of the contract date and the remainder of the contract amount of KRW 14,00,000,000,000

Under the Defendant’s consent, the Plaintiff acquired the instant production supply contract from C and produced a gold punishment, and then delivered it to the Defendant. The Defendant is obligated to pay to the Plaintiff the remainder of KRW 31,363,610 after deducting KRW 14,00,000 which the Plaintiff had already received through C from C among the supply price under the said production contract and the design modification contract of July 25, 2014, and the modified production cost of KRW 5,320,000 as a result of the design modification as of August 25, 2015, and damages for delay.

2. Comprehensively taking account of the overall purport of the pleadings in the statement Nos. 1 and 2, the Defendant entered into the instant production supply contract with C on June 7, 2014, and paid the down payment of KRW 14 million to C on the date of the contract. The Plaintiff received the down payment of KRW 14 million thereafter from C, and then made the production and then delivered it to the Defendant. On November 4, 2014, the Defendant was supplied to the Plaintiff and C in the form of completion within 35 days from the ordering date of the instant production contract. As the Plaintiff and C had not been completed as of November 4, 2014, and there were a large number of deficiencies, the Plaintiff and C withdraw the said production supply contract concluded with the Plaintiff and C, the Plaintiff and C may receive the down payment of KRW 14 million as well as the interest on the down payment of KRW 14 million and the business losses, and recognize the fact that the document may be accepted by mail.

According to the above facts of recognition, the plaintiff C.

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