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(영문) 창원지방법원 2014.09.25 2013가합5992
지체상금등반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 266,616,619 to the Defendant (Counterclaim Plaintiff) and its related amount from June 13, 2014 to September 25, 2014.

Reasons

1. Basic facts

A. On September 24, 2012, the Plaintiff, a company supplying power generation facilities, etc., entered into a construction contract with the Defendant and entered into a contract with the Defendant under which the Plaintiff would contract the Defendant for construction work, which is a power plant structure, among the construction works related to the Ccombined Power Power Power Plant contracted by the Defendant for the manufacture, construction, etc. of a steel structure.

(2) The contract amount is set at KRW 1,090,00 (only in the absence of any other indication concerning the value-added tax; hereinafter the same shall apply) and the payment period was set on December 13, 2012. The contract amount was set at KRW 1,090,000 (only in the absence of any other indication concerning the construction cost) and the materials contract, books, seals, packaging, packaging, transport, transport, and paper of transport included the construction work scope, and the compensation for delay was set at Article 26 of the contract with respect to the compensation for delay. The contract amount was set at KRW 3/1,00 of the contract amount according to the number of days delayed during the above payment period, and the Plaintiff did not apply the compensation for delay in the event of a natural disaster or other force majeure.

B. Since then, since the manufacturing process did not run properly, the Defendant got out to talk about the waiver of the construction work among the original Defendant. However, in February 2013, the original Defendant agreed to resume the construction work.

C. On February 14, 2013, the date of the preparation of the instant construction works under the name of the original Defendant was drafted again as of September 24, 2012. At the time, the Defendant, as the head of the Defendant’s business, attended and sealed the contract.

Other parts of the contract are the same as the original contract of this case, but the changed payment period under Article 1 shall be March 15, 2013.

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