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(영문) 부산지방법원 2015.08.27 2014나19087
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the amount of additional payments order is the same.

Reasons

1. The facts subsequent to the facts are acknowledged as follows: there is no dispute between the parties, or as a whole by taking account of the entries in Gap 1 and 2, the testimony and the whole purport of the arguments in the first instance trial witness B

A. On September 8, 2011, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of artificial instruments (subject matter: 800H size 800W x 4200L of large-scale launch machinery x 800W x 4200 L, each pipe mar and bees 1 set size 150 x 450 x 25 xT, construction price: 350 million won, additional tax, additional tax, and delivery date: November 20, 2011; delivery conditions: the Defendant’s designated factory installation, trial operation, and liquidated damages: 3/100 of daily contract amount; 3/100 of the liquidated damages).

(hereinafter referred to as “this case’s machinery, construction, and contract”). (b) The foregoing machine, its manufacturing and installation, and the above contract are each “this case’s machinery, construction and contract.”

Upon completion of the manufacturing of the instant machinery, on November 11, 201, the Plaintiff moved the machinery to the KHE factory, which is the place of installation designated by the Defendant, and started the construction work after the relocation of the machinery to the KHE factory, and completed the construction work on December 3, 2011.

C. Meanwhile, in addition to the instant contract, the Plaintiff’s respective mald and bee gold and gold punishment at the Defendant’s request.

c. The gold penalty of this case is referred to as “the gold penalty of this case”

) The production and processing of 6 sets (hereinafter “instant additional construction”) shall be referred to as “the instant additional construction”).

simple manufacturing and processing services means only simple manufacturing and processing services.

D. D.

The Defendant paid KRW 300 million to the Plaintiff as the construction cost of the instant case.

2. Claim on the principal lawsuit and counterclaim;

A. The Plaintiff, on November 20, 201, manufactured the instant machinery under the contract and completed the construction of the KHE factory located in Gunsan-si, which is designated by the Defendant, in accordance with the agreement, at the time of November 20, 201. The Defendant’s manufacture of the instant gold paper was delayed, and the production was completed on November 30, 201 and December 1, 201.

2. The trial operation has been completed only throughout the framework.

On October 20, 2011, the Plaintiff concluded the instant additional construction contract with the Defendant and completed the additional construction work. The additional construction cost is KRW 51,775,000.

Therefore, the Plaintiff.

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