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(영문) 울산지방법원 2015.05.28 2014가합2309
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 71,405,450 to the Plaintiff (Counterclaim Defendant) and its related amount from March 26, 2014 to May 28, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells mining machinery and parts, and the Defendant is a company that engages in aggregate extraction and wholesale and retail business.

B. On October 1, 2013, the Plaintiff entered into a contract with the Defendant regarding construction works to be installed and run under the method of placement as required by the Defendant, moving to the 32-1th day in the Maddong-dong-si, the Defendant, who was established in the Cheongdong-si, the Cheongdong-si, the Cheongdong-si, the Cheongdong-si, the Cheongdong-si. (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The name of a construction project: The method of paying the construction cost from October 5, 2013 to November 20, 2013: the method of paying the total construction cost: 145,000,000 won (additional tax separate) for the construction cost: 20% for the contract amount: 29,000,000 won in cash within five days after the contract.

-China 30%: 43,500,000 won, in principle, at least 50% of the progress rate of construction;

-50 per cent of the remaining amount:72,500,000 won. They shall be under trial operation after completion of work and shall be paid in cash within 30 days;

In the event that the plaintiff fails to complete construction within the construction period, the plaintiff shall compensate the defendant for the amount equivalent to 1/1,000 of the total construction amount per day for delay as liquidated damages.

Provided, That if the air is delayed due to a cause attributable to the defendant, the period shall not be included in the construction period.

C. Around January 27, 2014 pursuant to the instant contract, the Plaintiff completed the work of relocating a Offset machine, and the Defendant paid KRW 29 million among the total construction cost, and KRW 43.5 million to the Plaintiff, respectively, on October 7, 2013.

On March 26, 2014, the Plaintiff: (a) on March 26, 2014, the Defendant was unable to run a trial due to the Defendant’s failure to perform the work of electric extension and the primary electric cable construction, underground water construction, basic concrete and retaining wall construction, etc.; and (b) sought the instant claim.

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