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(영문) 서울중앙지방법원 2020.11.12 2019가단5092946
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 15,361,50 and interest rate of KRW 12% per annum from May 3, 2019 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that establishes air conditioners (systems and tampers).

B. Nonparty D Co., Ltd. (hereinafter “D”) awarded a contract to Nonparty E Co., Ltd. (hereinafter “E”) for the construction of an additional building in a astronomical factory, and Nonparty D awarded a subcontract to the Defendant for the construction of the machinery and equipment. Of which, the Defendant re-subcontracted the construction of the HP cooling and heating equipment (hereinafter “instant heating and cooling equipment”) to the Plaintiff at KRW 104,50,000 for the construction cost (including additional tax, remainder (10%) among the construction of the said machinery and equipment, KRW 104,50,000 for the construction cost (including tax, remainder (10%) from November 1, 2018 to February 20, 2019, and KRW 0.3% of the contract price for delay compensation (hereinafter “instant construction”).

(hereinafter referred to as the “instant construction contract”). The main contents of the instant construction contract are as follows:

(A) “A”, “B,” refers to the Plaintiff. Article 2 (Supply and Delivery) “B” shall complete the installation and trial operation according to the terms and conditions of the contract and deliver the contractual goods to A within the contract period.

Article 5 (Construction Supervisor) A shall, without delay, respond to the request of A or A for the inspection of completed portion of the construction work, inspection of completion of the construction work, or delivery of the object of the construction work, as well as to the inspection of the completed portion of the construction work, the inspection of completion of the construction work, or the inspection of the delivery of the object of the construction, if B, who appointed A as a supervisor of the construction work on behalf of B and notified B of the following authority: (a) In the event that Article 7 (Performance Delay) (A) fails to complete the construction work within the time limit for completion as stipulated in the contract, the construction supervisor shall have the authority to attend and supervise the general construction work; and (b) in the event that B, who is present at the inspection of the completion of the construction work and the inspection of the completion of the construction work

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