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(영문) 광주지방법원목포지원 2015.06.25 2014가단1346
양수금
Text

1. The Defendant’s KRW 3.7 million to the Plaintiff and the Plaintiff’s 6% per annum from January 9, 2014 to June 25, 2015.

Reasons

1. Basic facts

A. The Defendant entered into a contract between the Defendant and B (C) on March 20, 2013, contracted for the E assembly and supply work (hereinafter “instant prime contract”) among D awarded a contract from the same TS corporation (hereinafter “instant prime contract”), and the main contents are as follows.

Contract amount: The contract amount: The settlement of the additional construction amount due to the modification of drawings or changes in the scope of construction, etc. (excluding value-added tax); the settlement of the additional construction amount due to the modification of drawings or changes in the scope of construction works, etc. shall be made after the completion of construction work; the settlement of the additional construction amount due to the modification of drawings or changes in the scope of construction works shall be made after the completion of construction work; the settlement amount shall not be mutually settled if the settlement amount is within 3% of the construction amount; and the settlement amount shall not be made within 3% of the total construction amount; and even if 3% or more of the total construction amount is 3% or more of the total construction amount.

(Article 10). In the case of a prefabricated production error, the cost of revision shall be calculated, and the cost of revision shall be calculated at actual cost.

Provided, That 60% of the amount recognized as TYTS shall be paid for the maintenance due to design errors or design changes in the F company.

(Special Provisions 10)

B. On May 9, 2013, the Plaintiff entered into a subcontract between B and the Plaintiff with a partial revision to the terms and conditions of the instant prime contract (hereinafter “instant prime contract”). The main contents (the main contents different from the instant prime contract) are as follows. The contract amount was added to KRW 218,00,000 on May 30, 2013, and the total amount was KRW 218,000,000 (excluding value-added tax).

Contract amount: The delivery rate of 205,000,000 won (excluding value-added tax) shall be the original payment period, and the delivery rate shall be the 1st of a month in which the contract for down payment is submitted.

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