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(영문) 울산지방법원 2013.11.26 2012가단27482
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) receives KRW 54,500,000 from the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the statements or images of Gap evidence 1, 2, Eul evidence 1, 1 and 2-1, 2, Eul evidence 3-1 to 5, Eul evidence 8-1, 2, 3, Eul evidence 9-1 to 6, witness C, and each testimony of Eul and D.

On October 14, 2011, the Plaintiff and the Defendant enter into a contract with the effect that the Plaintiff shall dismantle 6 robots and presses and other related equipment used for the presses work process established within the “E company” located in Ansan-si, and re-prefabricated them to the factory of the Defendant company located in F on the racing-si, and complete the trial operation (hereinafter “instant contract”), and the construction period shall be from November 25, 201 to December 30, 201, and the construction amount shall be KRW 150 million. Of the construction amount, 30% of the construction amount shall be determined at the ordinary time of the equipment, 40%, and the remainder 30% shall be paid at the time of completion of the trial operation after construction.

B. After that, the Plaintiff and the Defendant agreed to complete the said construction until the end of March 2012. While the Plaintiff completed assembly and installation of robots and machinery within the Defendant Company’s factory, the Plaintiff failed to work normally for three prices among robots installed by causing partial breakdowns in the process of disassembly and transport and assembly of robots and electric facilities, and thus, failed to complete a normal trial run even around May 2012.

C. Accordingly, on May 16, 2012, the Defendant sent to the Plaintiff, without paying KRW 54,500,000 of the agreed construction cost, a content-certified mail demanding the Plaintiff to make a normal operation until the end of May 2012. On May 30, 2012, C, an employee of the Plaintiff, visited the Defendant Company and visited the Plaintiff Company to set up the installation cost for the electric installations D, robots installed, and H, etc. to which the Plaintiff subcontracted the subcontracted installation cost for robots and robots installed by the Plaintiff and the Defendant Company, is the mother.

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