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(영문) 광주지방법원순천지원 2019.04.25 2017가합13084
손해배상(기)
Text

1. The Defendant’s KRW 171,664,265 as well as the Plaintiff’s KRW 6% per annum from June 27, 2017 to April 25, 2019.

Reasons

1. Basic facts

A. On August 2015, the Defendant: (a) received data sets from Jcheon Factory and Relocation Installation Work Co., Ltd. (hereinafter “D”), a supervisory company of the instant prime contractor (hereinafter “instant prime contractor”); (b) submitted a written estimate based on the said data set; and (c) entered into a contract with C for the instant prime contractor (hereinafter “instant prime contractor”). On September 24, 2015, the Defendant entered into a contract with C for the instant prime contractor (hereinafter “instant prime contractor”).

B. On September 11, 2015, the Plaintiff received data sets related to the production and installation of an outdoor storage tank (hereinafter “instant construction”) from the Defendant among the instant original contract works, and submitted a written estimate to the Defendant on September 16, 2015 based on the instant data set. On November 5, 2015, the Plaintiff entered into a contract with the Defendant to accept the instant construction works (hereinafter “instant contract”).

C Contract amount of new and previous installation works contract: KRW 3,300,000 (Won 3,300,000,000): General settlement method: - 60,000 per cent: 660,000 (including vat) after the delivery of raw materials - The first 30% of intermediate payment - the production process rate of 90,000,000 (including vat) - the second 20% of intermediate payment - the third 20% of intermediate payment - the third 20% of intermediate payment - the third 660,000,000 (including vat) - the completion of installation 30,00,000 (including vat) : 30,300,000: 30,000,0000 (including the last 10,000: 30,0000,0000 (including the last 20:30,000) basic volume of the contract.

1.The manufacture, installation, and approval work with respect to Cjin Factory Equipment: (1) Approval and production of production drawings; and (3) Approval work, including all materials and purchases, shall be included in a package;

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