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(영문) 창원지방법원 2016.01.28 2014가합5890
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 24, 2012, the Plaintiff and the Defendant concluded a purchase contract with the main part of the following:

The name of a construction project: The contract price for the construction project: Coil production and Hydro Test production - 5,495,600,600,000 won (the supply price: 4,996,000,000 won/additional tax: 499,600,000 won/additional tax: 25th day of the month following the end of the month (based on the 25th day of the month): The contract price for the delayed payment of the bill issued on the 25th day of the month following the end of the delivery (based on the 25th day of the month): The contract price is within 10%; the contract price is applied on the 1.5/100 of the daily basis; the contract price is within the period of 5/100 of the daily basis; the contract price is within the specific period of 14/100 to 310, 201; the criteria for the inspection under the conditions for the submission of the plaintiff to the factory (based).

B. On March 25, 2013, the Plaintiff and the Defendant changed the contract amount to “3,191,067,000 won (supply price: 2,90,970,970,000 won: 290,000 won: 3,191,067,000 won (supply price: 2,90,970,000 won: 290,097,000 won: 00 won)” (hereinafter “instant construction contract”).

C. Meanwhile, the Defendant respectively lent KRW 95,000,000 to the Plaintiff on September 26, 2013, and KRW 143,000,000 on October 29, 2013.

【Fact-finding without dispute over the ground for recognition】 Each entry of Gap's 1 through 3, 5 through 11 and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. 979,060,000 won (i.e., KRW 143,00,000) calculated by deducting advance payment from the balance of KRW 1,217,060,000 for the construction contract price of the instant construction contract (i.e., KRW 95,000 on or around July 2013) from advance payment of KRW 1,217,060,000 (i.e., KRW 1,217,060,000) (i.e., KRW 238,000) and damages for delay.

B. The instant claim for the construction cost of the additional construction contract.

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