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(영문) 수원지방법원 2017.01.12 2015나36652
공사대금
Text

1. The appeal by the counterclaim defendant is dismissed.

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or each testimony of Gap evidence 2, Gap evidence 8-1 to 10, Gap evidence 9-1, 2, Gap evidence 10, 11, Eul evidence 1, 2, Eul evidence 4-1, 2, Eul evidence 5-2, and Eul witness C and witness of the court of first instance, and witness of the court of first instance.

The plaintiff is engaged in the assembly, etc. of electrical machinery with the trade name of "G", and the defendant is a manufacturer of iron plates, etc.

B. On January 6, 2014, the Plaintiff entered into a contract with the Defendant under which the Plaintiff would receive a contract for construction works that assembled and installed at a factory located in D (hereinafter “instant construction works”) with the Defendant at the time of the Plaintiff’s interest (hereinafter “instant construction contract”). The details of the instant construction contract are as follows: (a) the Plaintiff entered into a contract with the Defendant to receive a contract for construction works that assembled and installed at a factory located in D (hereinafter “instant construction works”); and (b) the details of the instant construction contract are as follows.

Article 2 (Amount of Construction Work) 41,00,000 won (excluding value-added tax), 30% of the down payment (terms of Construction Work) - 12,300,000 won (the same as the contract) intermediate payment of KRW 30% - the remainder payment of KRW 12,30,000 (the same as the contract at the same time) - 40% of the remainder payment of KRW 12,30,000 (after the completion of arrangement of machinery poppy), after entering into a contract, the Plaintiff shall execute construction work in accordance with the construction specifications, documents, or verbal notices presented by the Defendant after entering into a contract.

VI.(Scope of Construction Works)includes materials, tools, expendable materials and equipment necessary for the Project.

Article 7 (Payment Period) The Plaintiff shall make sure that the said construction work (including trial run) is completed by February 10, 2014.

Article 8 (Guarantee of Performance of Defects) The plaintiff shall guarantee the construction to the defendant for one year after the completion of the delivery trial.

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