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(영문) 대구지방법원경주지원 2014.11.28 2013가합164
공사대금
Text

1. The Defendant’s KRW 36,372,80, and the annual rate of KRW 5% from November 20, 2012 to November 28, 2014 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 4, 5, and Eul evidence Nos. 2, 3, 4, 5, and 13 (including paper numbers), and the testimony and the whole arguments in Eul.

Hyundai Cement Co., Ltd. (hereinafter referred to as the “instant construction”) ordered the instant construction work, which is installed in the line No. 3 at the mix, Madre Cement Co., Ltd. (hereinafter referred to as “Modro Cement”) located in the Madro-Madro, Madro-Madro, Madro-Madro, Madro-Madro, Madro

B. The Plaintiff, the Defendant, and the Gold Construction Co., Ltd. jointly ordered the instant construction. Among them, the Plaintiff participated in the bid for the construction project in the name of the Defendant, who is a qualified participant, in the bid for the construction project, by dividing the engineering and drones, manufacturing of machinery and equipment, installation, field management, trial run, the Defendant, the steel framed Construction Co., Ltd., the gold framed Construction Co., Ltd., the manufacturing and installation of SSO, and the installation of machinery and equipment and steel framed.

C. On December 15, 2010, the Defendant awarded a contract for the said construction in KRW 2,780,000,000, and received the said construction in KRW 2,750,000 on March 2, 2011.

On May 6, 2011, the Defendant concluded a contract for construction (hereinafter “instant subcontract”) with the Plaintiff to subcontract the manufacture and installation work of machinery and equipment in the instant construction to KRW 950,00,000 (excluding value-added tax) (hereinafter “instant subcontract”).

According to the instant subcontract agreement, the Plaintiff completed the supply of goods and installation works until December 30, 201, and, if it is not delivered within the contract period, the Plaintiff may collect an amount calculated by multiplying the number of days by 1.5/100 of the total contract amount or deduct the amount from the contract amount. However, the penalty for delay agreed not to exceed 5/100 of the total contract amount.

E. The Defendant paid KRW 833,752,00 (excluding value-added tax) to the Plaintiff out of the construction price under the instant subcontract. The instant construction was completed on April 30, 2012 by the Plaintiff.

2. The facts of the above recognition as to the cause of the claim.

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