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(영문) 서울남부지방법원 2017.03.31 2015가합5386
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 57,972,156 to the Plaintiff (Counterclaim Defendant) and its amount from August 26, 2015 to March 31, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person operating a “C” as a personal business chain for the purpose of mechanical manufacturing and repair business, etc., and the Defendant is a company with the purpose of civil engineering, construction business, harbor dredging business, etc.

B. On May 11, 2015, the Plaintiff entered into the first repair contract and the Defendant’s vessel (hereinafter “instant vessel”) with respect to the same year from May 11, 2015, including value-added tax (excluding value-added tax; hereinafter “value-added tax”) totaling KRW 380,000,000 of the repair cost for the vessel owned by the Defendant and the Defendant (hereinafter “instant vessel”) and from May 11, 2014 during the repair period.

6. A vessel repair contract (hereinafter “the first repair contract of this case”) was concluded by setting the end of October, and the main contents are as follows:

(C) In the following, “A” refers to the Defendant; “B” refers to the Plaintiff respectively; “A” refers to the repair method (production and supply) of Article 2; and the repair specifications, the production drawing, and the estimates submitted by the Prosecutor A, as follows:

If a change in the method of repair (production and delivery) is required due to a decision made in consultation with A and B and the decision made by B that the method of construction presented by B is inappropriate, B shall immediately take corrective measures.

(b) Change of repair units (the quantity of manufacture and supply) shall be determined by the direction of A or A.

(e) When there is an increase or decrease in the quantity of repair (production and supply), a decision shall be made by Party A or Party A.

(f) The iron plate shall be a steco-production inspection product, and shall be put into storage only after joint verifications Gap and Eul at the time of storage;

(g) The steel plate construction shall be the amount calculated on the basis of 80 tons of the steel plate and shall increase or decrease the amount in accordance with the quantity of the steel plate;

Article 3. Method of Payment

(a)The amount of repair (production and supply) shall be paid 30 per cent of the retainer, and the balance 70 per cent shall be paid 20 per cent (6.20 per cent, July 20, August 20, September 10, September 10) on a monthly basis after completion of repair;

(b) the contract amount shall be prior to the repair;

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