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(영문) 전주지방법원 정읍지원 2017.04.26 2016가합2319
공사대금
Text

1. The Defendant’s KRW 355,723,403 as well as the Plaintiff’s annual rate of KRW 6% from December 1, 2015 to April 26, 2017.

Reasons

1. Basic facts

A. On December 10, 2013, the Plaintiff entered into a contract with the Defendant for the following (hereinafter “instant contract”) regarding a part of the production process of aggregate on three lots of land outside Jung-Eup, Jung-si, for which the Defendant obtained permission to collect earth and stones from the Defendant:

Article 2 (Scope of Contract Work Process)

1. 원고는 발파에 필요한 화약주임(1급), 천공기 기사를 채용하여 발파하여야 하며, 제품에 필요한 원석을 중장비 및 덤프 차량을 이용하여 모든 제품의 골재 생산을 할 수 있게 피고 소유의 크랏샤 4840, 크랏샤 CJ615의 호퍼까지 상차한다.

Article 3 (Units for Construction Work) of the Plaintiff’s Process. - blasting - Fluorries - Fluorites - Fluorites - Transportation - Unit price for Construction Work Contract)

1. Article 4 (Separate Indication of Value-Added Tax)

1. 13 meters of the crushed stone aggregate, 19 meters of the crushed stone aggregate, 25 meters of the crushed stone aggregate, 40 meters of the crushed stone aggregate;

2. Mixed aggregate 40m and 75m of a mixed aggregate;

3. Net sand (including non-processed earth and sand) shall not be deemed a product, and blasting stone shall be set a unit price after mutual consultation at the time of removal) Article 5 (Contract Period) (from December 11, 2013 to December 10, 2014).

(Provided, That unless there is a written notice of cancellation from any one of the parties before the expiration date, the contract period may be extended by one year under mutual agreement) Article 6 (Settlement and Settlement of Contract Price) (Settlement and Settlement) The Plaintiff and the Defendant shall settle the quantities shipped out at the end of each month, the adjusted amount shall be paid to the Plaintiff on the last day of the following month, and the settlement amount shall be paid in cash and in bill.

Article 7 (Responsibility for Supply of Raw Materials and Manufacturing of Products)

3. The Plaintiff shall supply at least 70,000 cubic meters of raw materials which are capable of producing aggregate each month, and the Defendant shall produce products at least 70,000 cubic meters each month.

(based on the annual 840,000 cubic meters or more). The industrial accident liability arising out of the construction works under Article 8 (Industrial Accident) shall be the contract for the construction works.

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