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(영문) 서울동부지방법원 2015.12.04 2015가단110639
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 14,720,200 won and its related thereto from April 28, 2015 to December 4, 2015

Reasons

Basic Facts

The defendant was awarded a contract from B for the construction of a new factory in the ethic City C.

On June 2, 2014, the Defendant subcontracted the installation work of elevators (hereinafter “instant construction”) to the Plaintiff for the purpose of elevator installation work, etc.

4. Period of construction: From June 2, 2014 to October 15, 2014;

5. Contract amount: 88 million won (including value-added tax).

6. Payment of the price:

(a) 50% at the time of placing an advance payment;

(b) The completed portion: The remainder of 30 percent (at the time of carrying in materials) of an intermediate payment: 20 percent (at the time of issuing a certificate);

C. Adjustment of price and payment according to changes in economic situation, etc. within 30 days from the date of the adjustment by the ordering person in accordance with its content and proportion, and payment shall be made within 15 days from the date of the receipt by the ordering person. The main content of the subcontract agreement on the instant construction project entered into on June 2, 2014 between the Plaintiff and the Defendant on June 2, 2014 (hereinafter “this letter contract”) is as follows.

According to the specifications attached to the contract of this case, the construction of this case consists of ① 31 million won for manufacture and installation of elevators for 15 passengers (500,000 won for elevator manufacture 25 million won for elevator manufacture) and ② 49 million won for manufacture and installation of freight elevators for 3 tons (500,000 won for elevator manufacture 41 million won for elevator manufacture).

In addition, on May 2, 2014, the estimates (A 5) prepared by the Plaintiff and delivered to the Defendant on May 2, 2014, ① Passenger Elevagr’s size: ① “150 W CO-60, 3S-3F/ Car: 150W x 1550W x 150H, 2250H, 90W x 210H (Fire DL). The price is KRW 31 million; ② Cargo Elevar’s size is three tons in two directions for cargo: 2U-30, 2S-30, 2S-3F/ Cars: 2800 W x 2800D x 250 HH x 280 MH x 280WH 400 MH x 400 MH 400 ML (H).

The Plaintiff performed installation works for the elevator in accordance with the instant contract, and the passenger elevator around October 2014 is an elevator.

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