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(영문) 창원지방법원 2016.09.01 2015가합2539
물품대금
Text

1. The Defendant’s KRW 1,100,000 as well as 5% per annum from September 12, 2015 to September 1, 2016 to the Plaintiff.

Reasons

On October 28, 2013, the Plaintiff and the Defendant’s subcontract agreement entered into a contract with the Defendant for the construction work for production A (B5068) (hereinafter “B5068”) in writing as follows.

① Construction cost: 153,000,000: Construction period: From October 28, 2013 to January 28, 2014, the Plaintiff entered into a verbal contract with the Defendant for the installation work of production A (B5070) from January 28, 2014; and the Plaintiff’s discontinuance of construction and settlement with the Defendant on January 2, 2014 (hereinafter “instant settlement agreement”).

B, I prepared a written agreement as follows:

Title of the Agreement: Details of the case of consultation with A Corporation No. 25068/50: It shall be promoted through mutual consultation as follows, since it is not possible to proceed with construction due to the internal circumstances of the Plaintiff, currently in progress.

= = =

1. On January 2, 2014, the Plaintiff suspended construction works, and from January 3, 2014, the Plaintiff and the present factory owner run the remaining construction by concluding a separate contract with the Hyundai Industrial Co., Ltd. and the Defendant.

2. B5070 is carrying out the construction work under a direct contract with the Defendant and Cooperation Company “B” (line), “C” (line).

3. The personnel expenses incurred by January 2, 2014 shall be jointly responsible and settled by the Plaintiff, and the personnel expenses incurred after January 3, 2014 shall be paid from the Defendant.

Provided, That the remaining personnel expenses for construction works in No. 25068 shall be the settled amount of consultation with each other compared to the rate of progress.

4. In the case of a re-contract with the Defendant for the re-contract with the Defendant, the Plaintiff shall follow the Defendant's order of factory operation.

On January 9, 2014, the Plaintiff drafted a written non-performance statement as follows.

Title B5068 of title B: From 153,00,000 to 100,000 of the total progress portion of the construction work between the Plaintiff and the Defendant, 153,00,000 to the Plaintiff, and 53,00,000 of the remaining progress portion was paid directly by the Defendant due to the Plaintiff’s internal circumstances.

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