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(영문) 서울중앙지방법원 2019.05.30 2017가단5232306
기계대금 청구의 소
Text

1. Defendant E Co., Ltd.: KRW 73,507,500 per annum for the Plaintiff and KRW 5% per annum from January 1, 2018 to May 30, 2019.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a contract with Defendant C (hereinafter “Defendant C”) on April 28, 2017, Defendant C and Defendant B’s rice production factory (hereinafter “instant factory”).

) The entire automated machinery equipment manufactured and installed by the aforementioned construction work is called “instant automation equipment”.

(2) On September 29, 2017, the contract amount of KRW 511,00,000 (excluding value-added tax) was concluded, Defendant C paid KRW 168,630,000 (including value-added tax) to Defendant C on July 20, 2017, and KRW 281,050,00 (including value-added tax) on September 29, 2017, which was after completion of trial operation of machines, etc. listed in the separate sheet (hereinafter “instant machines”).

B. Defendant C and Defendant E Co., Ltd (hereinafter “Defendant E”) entered into a subcontract with each of the following: (a) Defendant C and each of them entered into a contract with Defendant E and the construction cost of KRW 400,000,000 (excluding value-added tax), F and the construction cost of KRW 80,000 (excluding value-added tax); (b) Defendant C paid KRW 132,000,000 (including value-added tax) as an advance payment; and (c) Defendant C paid KRW 220,000,000 as an intermediate payment (including value-added tax) as an intermediate payment; and (d) written by Defendant C around November 201, 2017, the construction progress rate of Defendant E and the construction cost of Defendant E are 50%.

C. On June 8, 2017, the Plaintiff entered into a sub-subcontract with Defendant E by setting the manufacturing and installation work of the instant machinery as KRW 135,000,000 (excluding value-added tax) among the instant automated equipment construction works, and subsequently Defendant E entered into a sub-subcontract on August 22, 2017.

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