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(영문) 서울중앙지방법원 2015.08.19 2014가합21620
공사대금
Text

1. The Defendant’s KRW 93,280,00 for the Plaintiff and KRW 5% per annum from April 4, 2013 to August 19, 2015.

Reasons

1. Basic facts

(a) At the time of the participation of the parties, MNB Mono Nitro Bene in the Defendant’s factory located in C; a chemical used in the manufacture of polybrobane, etc.; a chemical used as a raw material for building materials and home appliances, synthetic timber, packing materials, artificial leather, etc.

To make a synthetic Manomenia.

With respect to the construction of the Pse-Ⅱ factory facilities (hereinafter “the prime contract construction of this case”), the Defendant is the “project owner” as prescribed by the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), and the non-party D Co., Ltd. (hereinafter “D”) is the “original business owner” as prescribed by the same Act, and the Plaintiff is the “contractor” as prescribed by the same Act by being entrusted part of the said construction with construction from D.

B. On January 30, 2012, D entered into a contract with the Defendant on the date of the mechanical completion of the instant prime contract during the construction period (only on the condition that the completion of construction for early operation is completed until August 15, 2012) and the construction cost is KRW 13,629,000,000 (including value-added tax) (hereinafter “the instant prime contract”).

The contents are as follows. Accordingly, according to the summary (Omission) of Article 1 of the original contract of this case, the contractor shall faithfully perform the work related to the business management for the project, the review of basic plans, detailed design, supply of machinery and materials, construction works, support for trial operation, confirmation of Lield Enging, Limiteding, Bascing's confirmative matters, common records with Licsor on behalf of the business owner, common records with Licsor, basic design, contractor's supply of machinery and materials, and all related permits and permits (hereinafter omitted) and shall perform the work related to the project (hereinafter omitted, the contractor's scope of work is required for the most efficient, economical, and safe factory construction project.

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