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Reasons
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(영문) 창원지방법원진주지원 2012.09.26 2012가합412
지체상금(일부금)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 130,615,00 to the Plaintiff (Counterclaim Defendant) and its related amount from February 9, 2012 to September 26, 2012.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

1. Name of the Corporation: A fishery partnership corporation (HACCP);

2. Site location: C, D, E, and F in the South Sea of Gyeongnam.

3. Commencement of a construction period: on July 26, 2011: The amount of contract on November 15, 2011: KRW 830,500,000 for daily gold: KRW 830,500,000 for KRW 830,000 for KRW 755,000 for KRW 75,000 for KRW 75,000 for value-added tax: KRW 1,000 for KRW 75,50,000 for KRW 75,000 for daily gold.

5. Advance payment ( July 26, 201): 30,000,000 won per day (249,150,000): 10% of 10,000,000 won per day (83,050,000): 20% of 10,0000 won per day (83,050,000): 3% of 10,000,000 won per day (83,050,000): 2,50,000,000 won per day (83,050,0000,000: 2,50,000,000 won per day (83,050,0000,000): 2,50,000,0000 won per day (3,500,0000,000,000) 4,1000,000 won (3,000,0000

6. Warranty period: two years (after completion).

7. The ratio of warranty bond: 3% of the contract amount (replacement with bond for warranty);

8. The rate of liquidated damages: the defendant of the owner of 3/1,000 work.

A. On July 25, 2011, the Plaintiff entered into a contract for the construction of a new fishery partnership corporation A (hereinafter “instant building”) with the Defendant (hereinafter “instant construction contract”) (hereinafter “instant construction contract”), and the main contents are as follows.

B. On July 26, 2011, the date of commencement agreed upon by the Defendant, the Plaintiff, who was issued only tax invoices and sent them to the Plaintiff, did not pay advance payment. Upon the Defendant’s request to conclude a new contract from August 16, 201 and to conclude a new contract, the Plaintiff drafted a modified contract with the Defendant to adjust the date of commencement to August 16, 201 and November 30, 201 (hereinafter “instant contract”).

C. According to the instant construction contract, the Plaintiff is the Defendant on August 22, 2011.

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