logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.08.26 2019가합1438
공사대금
Text

1. The Defendant’s KRW 393,480,00 for the Plaintiff and KRW 5% per annum from April 23, 2019 to August 26, 2020.

Reasons

Basic Facts

[Ground for Recognition: Facts without dispute, Gap evidence 2, Eul evidence Nos. 4, 8, 9, 17 (including each number; hereinafter the same shall apply)

(C) The Defendant, among the construction projects ordered by C (D), ordered the Plaintiff to manufacture and supply parts, such as steel structures, etc. to manufacture coal transfer equipment (CHS Co., Ltd.).

On June 21, 2018, the Plaintiff entered into a contract with the Defendant to manufacture and supply “ Conveyor, Conveyor Group Report” (hereinafter “ Conveveyor Group Report”) and “Trus & Teower” (hereinafter “Tru”) 1,991,00,000 won (the unit price per Conven ton, the unit price of KRW 2,000,000 per other ton, and the unit price of KRW 1,70,000,000 per other ton) (hereinafter “instant contract”) among the parts of the said coal transfer equipment, the Plaintiff received contract deposit securities and advance payment according to the progress rate, and the intermediate payment was paid in accordance with the production rate, and the remainder was paid after the supply of equipment was completed (after the submission of securities).

On October 4, 2018, the Plaintiff concluded an agreement with the Defendant on October 4, 2018, to waive the production and supply of the consortiums (hereinafter “first agreement”).

1. By October 25, 2018, the completion of production and C making-up inspection by no later than October 25, 2018, and the completion of the work is not possible within the time limit, claims for compensation, as stipulated in the contract.

2. Conveyor/Chute shall cease to work on the Plaintiff and shall re-consultation on the waiver of construction after confirming the progress of the first phase.

3.In respect of the origin received for September, 199,275,00 won shall be calculated as modified quantities and agree to be paid as gold in advance.

460ton x 1,700,000 782,000,000 x 50% = 391,000,000 gold x 99,100,000 gold x 99,100,191,900,000 gold x 99,100 = 90,000 = 91,90,90,000, following a meeting with the Defendant on November 20, 2018, the Plaintiff entered into the following agreement (hereinafter referred to as “the second agreement”):

3. Number of minutes on October 04, 2018: BDI-2018104-01 and paragraph 1. The agreement to invalidate is made on June 2018.

arrow