(영문) 수원지방법원안산지원 2017.06.15 2016가합94

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2017.06.15 2016가합94

산업기계 설치대금등

Text

1. The Defendant’s KRW 207,200,000 as well as the Plaintiff’s annual interest from January 30, 2016 to June 15, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the manufacturing business of industrial machinery under the trade name of “B,” and the Defendant is a company engaged in printing circuit board (PCB), electronic, telecommunications, semiconductor sales business, etc.

B. On August 26, 2014, the Plaintiff was awarded a contract with the Defendant for the construction cost of KRW 2.96 million (excluding value-added tax) for the construction work to be produced, supplied, and installed by December 25, 2014, in the form of a gold machine (hereinafter “instant device”).

C. On March 30, 2015, the Plaintiff completed the installation of the instant devices at the workplace of New Jin SPP Co., Ltd. (hereinafter “New JinPP”), a place of installation designated by the Defendant.

The Defendant paid the Plaintiff KRW 2.64 billion among the construction cost up to now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 296 million (i.e., KRW 2960 million - KRW 2664 million), unless there are special circumstances.

3. Judgment on the defendant's defense, etc.

A. The Plaintiff supplied 95 days after the agreed deadline, and the Plaintiff and the Defendant agreed as delay compensation the amount of KRW 296 million, which is 10% of the construction cost. Therefore, the Defendant did not have an obligation to pay the Plaintiff the amount stated in the claim. 2) The Defendant agreed to pay delay compensation to the Plaintiff, as alleged by the Defendant, but at the time, the Defendant agreed to pay delay compensation to the Plaintiff when the Defendant withdraws the objection against the delivery body.

However, the instant devices are normally operated after delivery, and the New SPP paid to the Defendant the remainder, excluding the amount of KRW 135 million, which is part of the value-added tax, out of the construction cost.

This withdrawals the objection implicitly.

유사 판례

-서울고등법원 2018.01.25 2017나2034385

-수원지방법원 2019.05.22 2018가합12172

-대전지방법원홍성지원 2016.10.13 2016가합94

-수원지방법원 평택지원 2016.04.21 2015고단836

-수원지방법원 안산지원 2018.12.28 2017가단54831