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(영문) 서울중앙지방법원 2018.07.04 2017가합556691
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

(a) The ratio of items to be entered into by the contract to the amount high;

1. When a contract is concluded at the rate of KRW 15 (5) (10%) (15%) (15%) (15%) (10%) (100,000,000 won: 200,000,000,000 won (before commencement): On April 10, 2016, after the completion of installation of an anacor based on the upper part of a machinery: on May 2, 2016, after the completion of installation of the first (1) number (2) number (3 (4) number (20%) 65 (20%) (20%) (20%) (20%) 1,300,000,000 won, 40,000,000 won, 40,000,000 won, 40,000,000 won, 00,000 won, 60,000 won, and 65% (20% (4) number (4) number (4) number (5) number) number (5) number (5).

3. After completion of the construction of a steel tower (within 60 days) 20% (10%) (10%) 40,000,000 won (200,000,000 won) and the completion of the construction of a steel tower (within 200,000,000 won) the Plaintiff: (a) after completion of the construction of a steel tower, the Plaintiff: (b) after completion of the construction of a steel tower, the Plaintiff: (c) after completion of the construction of a steel tower, the construction of a d (hereinafter referred to as the “instant construction”).

A) The contract amount of KRW 2 billion (excluding value-added tax) and the period from April 7, 2016 to April 6, 2017 was determined and received as the construction cost (hereinafter “instant contract”).

(2) According to the terms and conditions of the contract for the construction of machinery included in the terms and conditions of the contract of this case, the construction of difficult-to-work consists of basic construction, strawing construction, electrical construction, installation of mechanical room, storage, street installation, glick installation, and trial run, and the Plaintiff performed the remainder of the construction except the foundation construction and electrical construction (the execution by the Myanmar local enterprise) during the above construction process as the designer of the instant construction and the construction (the execution by the Myanmar local enterprise) in accordance with the direction and supervision of Egypt manager, who is a French cable manufacture specialized company.

B. On April 7, 2016, the Plaintiff: (a) completed the preparation for the installation of a down payment 100 million won (100 million won); (b) around July of the same year, the Plaintiff: (c) produced steel tower in Korea around August of the same year; and (d) received each of the intermediate payment 400 million (40 million) from the Defendant; and (c) around January 2017, 2017.

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