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(영문) 대전지방법원 2016.11.17 2016가단200900
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2015, the Plaintiff entered into the following construction contracts with the Defendant with respect to “existing repair and production, and mobile installation, of a raw water production plant located in the Defendant’s Chungcheongbuk-dong.”

(hereinafter “instant contract”). Construction cost of KRW 69,00,000 (MM: 45,00,000 for machinery: 24,000,000 for electricity: value-added tax of KRW 6,90,000 for construction period of KRW 6,90,000 for construction period from May 7, 2015 to June 22, 2015 (10% for value-added tax) 6,900,000 for first (30%) 20,700,000 for (30%) for second (30%) for second (30%) for 20,70,000 for construction work (5, 200%) (30%) for remainder (30,700,000 for May 30, 2015), and the method of submitting documents for completion of construction work at the time of completion (30,700,000 for construction work).

1. Existing discount shall be replaced by a partial decomposition at present.

2. New production shall be installed after the manufacturing from outside.

3. Methods of using stuffs currently in use;

1. Automatic test operation standards (a new factory) after relocation and installation of a raw water production called 0.4L;

2.8. Special terms and conditions concerning the automatic test operation standards (a new factory) after the relocation and installation of a raw water production called 1.8L.

(a) The date of completion of installation works shall be the date confirmed after submitting completion documents;

(b) A completion document means a document obtained confirmation, accompanied by a completion sheet or effective physical fitness.

C. The Plaintiff is fully responsible for the occurrence of problems caused by the transformation of the existing machinery when removing it.

The expendable machinery items shall be separately prepared, submitted to the defendant, and the plaintiff shall be liable in the event of a problem within the warranty period of expendable products, and the defendant shall be liable in the case of other periods.

(e) Where the difference between the Plaintiff and the Defendant arises and mutual understanding is not achieved with respect to the defective case, the Defendant may request another specialized enterprise to assess the validity, and the expenses incurred therein shall be borne by the party which caused the problem.

(Provided, That this does not fall under subsidiaryism for use). (b)

The specific construction content of the instant contract is the same.

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