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(영문) 대전지방법원 2015.09.25 2014나108025
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a stock company with the purpose of maintaining, repairing and managing machinery and equipment, and the defendant is a stock company with the purpose of packing construction business.

B. On December 16, 201, the Defendant was awarded a contract between the Korea Rural Community Corporation and the Korea Rural Community Corporation with a contract amount of KRW 402,321,300 as the contract amount, KRW 20 on December 20, 201, KRW 20 on the date of commencement, KRW 0.1% on the date of completion, and KRW 0.1% on the penalty for delay.

The above construction consists of a mechanical facility construction, a underground heat exchangeer construction, and a construction work. The general calculation table of the cost of the above construction is set at KRW 213,498,300 as the cost of the installation work, and KRW 161,868,00 as the cost of the underground heat exchangeer construction, and KRW 26,95,00 as the cost of the construction work.

C. Around December 201, the Defendant entered into a contract between the Plaintiff and the Defendant, as seen earlier, with respect to machinery and equipment construction and construction works and construction works (hereinafter “instant construction works”) excluding ground heat exchange equipment construction works among the instant original construction works that the Defendant contracted from the Korea Rural Community Corporation (hereinafter “instant construction”) as follows:

Materials, supplies and other services (contracts)

2. Name of service: C Corporation (EF) “” (supply of materials and other services related to C Corporation).

4. Period of supply and other services: The contract amount on February 20, 201 on the date of commencement on December 20, 201, and February 5, 2012 on the date of completion on February 28, 2012: the execution ratio (92.5%) of the contract amount (including value 240,453,300 won) of the daily gold-in KRW 240,000,003,000,000,000 won (Won 240,453,300 won), and the modified or added amount shall be 3% (4%) (4th premium + long-term care insurance premium for the aged + the mutual-aid premium + the deducted rate (%) of the mutual-aid installment + the mutual-aid installment + the deducted rate of tax on retirement)

6. Payment of a price.

(b) a completed portion: (i) Contents and/or within 15 days from the date of receipt by the project owner;

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