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(영문) 광주지방법원 2020.06.17 2019나57625
공사대금
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, 24,20,000 won against the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. The plaintiff is a company running the electrical construction business, etc., and the defendant is a company running the machinery and equipment manufacturing business.

B. The Plaintiff and the Defendant agreed to jointly conclude a contract for the “C” work of the Korea Southern Development Co., Ltd. (hereinafter “Korea Southern Development”) with respect to the “C”, and the said internally agreed that the electricity and control corporation will take charge of the machinery corporation.

(hereinafter “instant sharing agreement”). C.

However, the Plaintiff concluded a contract for the purchase of the distributed control system with D Co., Ltd. (hereinafter “D”) and requested the Defendant to pay the expenses directly, because the Plaintiff had no ability to purchase the distributed control system (DS, Distried Control System) necessary for the control work, and the Defendant consented thereto.

(hereinafter “instant agency purchase agreement”). Accordingly, the Defendant consulted on the purchase of a distributed control system with the Plaintiff, D. D.

The defendant was selected as a successful bidder on behalf of the plaintiff by a joint contract for the development of South and North Korea.

E. On the other hand, the defendant, as a joint subcontractor representative, submitted a calculation sheet by setting the total construction cost of the electricity and control works that the plaintiff agreed to take charge of the development of the South-Namn power, KRW 353,837,280 (including value-added tax; hereinafter the same shall apply), KRW 138,60,000, the materials cost of the control works, and KRW 33,000,000, labor cost, and other expenses as KRW 182,237,280.

However, in order to guarantee the performance of the contract, the development of South and North Korea requested that the contents of the contract with the defendant, the principal contractor, include all of the mechanical construction cost, the material cost of electrical and control construction, and include the labor cost of electrical and control construction in the terms of the contract with the plaintiff.

F. Accordingly, around June 29, 2017, the Defendant entered into a contract with the Korea Southern Development and the total construction cost of KRW 1,207,00,000 (hereinafter “instant contract”) (hereinafter “instant contract”); the Defendant’s construction cost of KRW 853,162,721; and the cost of the electrical construction material of KRW 33,00,000,000;

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