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(영문) 수원지방법원안산지원 2013.11.07 2012가합829
공사대금
Text

1. The primary Defendant (Counterclaim Plaintiff) is KRW 132,864,60,00 against the Plaintiff (Counterclaim Defendant) and its related thereto from November 11, 201.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Around October 27, 2009, the primary Defendant Lessee Co., Ltd. (hereinafter “Defendant E&M”) entered into a contract for “APM manufacturing facilities installation works” from the primary Defendant E&M Co., Ltd. (hereinafter “Defendant E&M”) with the term “APM installation works” during the construction period from October 26, 2009 to April 30, 201.

On October 209, 2009, the daily ENC, the telegraph of the Plaintiff (established on December 18, 2009) contracted out a design service of KRW 5,000,000 for the above APM manufacturing facilities (hereinafter “instant plant facilities”) or “instant construction”).

On December 23, 2009, the Plaintiff was awarded a subcontract for the instant plant installation works from Defendant Eteex for the period from December 23, 2009 to March 31, 2010, by setting the construction cost of KRW 1,920,00,000 (excluding value-added tax) and the construction period from December 23, 2009 to March 31, 2010.

(hereinafter “instant construction contract”). Under the instant construction contract, the Plaintiff began to manufacture and install plants inside the Defendant EM factory Dong located in Seo-gu, Incheon, Seo-gu, Incheon, and completed around July 2010, and received the remainder payment from the Defendant EM factory around August 2010, and received all the construction payment.

The construction work details originally changed (additional) 1PLOT - Additional 2 washing room floor construction - Additional 3 platform platform - Additional 4 PLOT rooms BAFLE and Free Connmark - Additional 5 FILT - Additional 6200 LFING pressure limits - Additional 10 set 10 set 12 set 7 DUM SCAL (DS 301-303) 2 set 3 set 10 set 810 “3 3 DUM SCAL (Research Institute)” (F101A/B 103A/B) and 30 set 10 1 set 3 set 10 3 set 10 3 set 10 3 set “PM 1038130,13814(PM 10430.31)”

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