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(영문) 울산지방법원 2014.01.23 2013가합1361
정산금등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be found in each entry in Gap evidence 1 and Eul evidence 1, taking into account the overall purport of the pleadings:

On February 10, 2012, Defendant Sampo Co., Ltd. (hereinafter referred to as “Chovapo Co., Ltd”) entered into a contract on the construction work for the installation of the block frame (hereinafter referred to as “instant construction work”) with Defendant Track Industry Co., Ltd. (hereinafter referred to as “Track Industries”).

B. On March 5, 2012, the Plaintiff entered into a contract on the completion of the production and installation of GTG (Glas Turbine Generator, and posters open power plant) 1, as well as the production and installation of STG (Steambine Generator, steam open power plant), HRG (Heat Domerat), and the production and installation works of HRG (SG).

(hereinafter “instant contract”). The construction period: the contract amount from March 5, 2012 to December 31, 2013: 9,392,900,000 won (the supply price of KRW 8,539,000,000): the contract amount of KRW 853,900,000 (additional tax rate of KRW 853,900,000): the total contract amount of the construction per unit shall be approximately 10,840 tons and the total construction cost due to a change in the construction volume, and the increase or decrease in the construction cost shall be settled by the completion quantity.

Payment of the terms and conditions, including the PAKING&W, freight, transportation expenses (on the site of a nuclear power plant) necessary for the steel framed production, including the equipment expenses, consumption expenses, tools, apparatus, etc. necessary for the steel framed production, and all construction expenses, including all construction expenses, such as the equipment expenses, consumption expenses, tools, equipment, etc. necessary for the steel framed production, the payment on the 30th of the following month (cash 60%, 90% of the due date bill 40%) after the determination of the end of the month - payment on the 30th of the following month (cash 60% of the cash, 90% of the due date bill ) of the raw materials put into storage after confirming the quantity of the raw materials brought into storage, shall be paid to the Plaintiff on the 30th of the following month.

-ensure the payment of private supply materials which have been put into storage before the date of their entry into storage;

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