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Reasons
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(영문) 서울남부지방법원 2019.05.14 2017가합106405
공사대금반환 등
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 507,422,70 and the interest rate thereon from June 8, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in the business of manufacturing automated machines, and the Defendant B (hereinafter “Defendant B”) is a corporation engaged in construction work, etc., and the Defendant C is a representative of the inside director of the Defendant B.

B. On October 5, 2016 between the Plaintiff and D (hereinafter “D”) (hereinafter “D”), the Plaintiff’s construction work of Ansan Factory (hereinafter “instant construction work”) as the contract price of KRW 1,364,00,000 (including value-added tax) in Ansan-si (hereinafter “instant construction work”) with the following terms, “the primary contract for private construction work”.

was drawn up.

1. Name of construction: The Plaintiff Ansan Factory Construction Corporation;

2. The construction site: Ansan-si E; and

3. Date of commencement: The date scheduled for completion on October 4, 2016: The written contract on January 31, 2017 is stipulated as January 31, 2016, but it is a clerical error in the written contract on January 31, 2017.

5. Contract amount: Not including the 1,364,000,000 won per day (Won 1,364,00,000)-value-added tax.

6. Contract bond: 10% of the contract amount;

7. Advance: Won 10,000,000 Won (Won 550,000,000) 1.5 (200,000,000) 2. 14. 14. 14. (350,000,000 won after submitting advance payment instruments and invoices)

8. A completed portion: At least once a month (which shall be mutually consulted, if necessary);

9. Items and quantities of materials to be paid: 10. Liability for defect security (in the case of a multi-functional type, classified by type of work). Liability for defect security; 10. Liability for defect security (in the case of a multi-functional type, classified by type of work) ratio of contract amount for each type of work; and 1,364,000,000 (3) per 40,920,000/11 of the Won : 1/1,000; 12. Interest rate for delay of cost payment:

C. On December 2016, between the Plaintiff and Defendant B, the contract amount of KRW 174,00,000 (including value-added tax) for Saturdays during the instant construction project is as follows:

was drawn up.

1. The name of the construction work: Earth from among the construction work of the Plaintiff Ansan Factory; and

2. The construction site: Ansan-si E; and

3. Date of commencement: The scheduled date of completion on December 20, 2016.

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