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(영문) 수원지방법원안산지원 2019.10.30 2017가단68465
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 20,50,000 and KRW 11,163,93 among them, the Defendant (Counterclaim Defendant) from September 12, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 25, 2016, the Plaintiff entered into a contract with the Defendant regarding “water transformation equipment and power supply equipment” (hereinafter “the instant primary contract”) related to the Defendant’s astronomical factory located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul (hereinafter “Sananannam-gu”) by setting the construction period from March 25, 2016 to July 31, 2016; the construction amount of KRW 70,000,000 (excluding value added tax); and the liquidated damages rate of KRW 0.3% per day (hereinafter “instant primary contract”).

The first construction of this case is an installation of a new transformation room (hereinafter “the second transformation room”) on the side of a factory to be raised by the defendant, and an installation of an industrial high voltage (22,905) connecting the second transformation room with the existing transformation room (hereinafter “the first transformation room”) adjacent to the existing factory.

B. On April 18, 2016, the Plaintiff entered into a contract with the Defendant for electrical construction related to the Defendant’s extension of a astronomical factory (hereinafter “instant secondary construction”) with the construction period from April 18, 2016 to June 30, 2016, the construction amount of KRW 80,000,000 (excluding value-added tax) and the liquidated damages rate of KRW 0.3% per day (hereinafter “instant secondary contract”).

The second construction of this case includes not only the electrical construction of electric installations installed in the defendant's extension factory, but also the fire fighting construction of fire fighting systems such as fire fighting equipment, alarm equipment, and escape equipment.

C. On August 2, 2016, the Korea Electrical Safety Corporation conducted a part of the inspection prior to the use of the instant primary construction works, and “part of passing”.

On August 26, 2016, the chief of the Seoan-dong fire station issued a certificate of completion inspection of fire-fighting systems in an extension factory related to the instant secondary construction, and the Korea Electrical Safety Corporation conducted an inspection of the electrical power distribution equipment and ancillary equipment in the extension factory in the secondary transformation room related to the instant secondary construction on September 26, 2016.

E. On November 1, 2016, the Defendant each of the instant subparagraphs 1 and 2 to the Plaintiff.

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