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(영문) 울산지방법원 2018.06.21 2016가합22482
공사대금
Text

1. The Defendant’s KRW 792,043,00 for the Plaintiff and KRW 6% per annum from July 8, 2016 to June 21, 2018.

Reasons

1. Basic facts

A. On December 16, 2015, the Plaintiff entered into a construction contract with the Defendant to receive a contract with the Defendant for the construction works that are installed in the Defendant’s automatic sorting line in the Defendant’s factory (hereinafter “instant contract agreement”) with the content that the Plaintiff would receive a contract with the Defendant for the construction works that are set at between December 16, 2015 and March 30, 201 (including value-added tax, 30% or less of the contract amount, 20% of the intermediate payment work, 50% or less of the intermediate payment work, 20% of the intermediate payment work, 20% within each 7 day after the completion of the production, and 30% or less of the remainder, within the contract period, from December 16, 2015 to March 30, 2016 (hereinafter “instant construction work”).

B. The Plaintiff entered into a subcontract with C to subcontract the instant construction work in KRW 847,00,000 between the same day and C, and continued the instant construction work.

C. The Plaintiff and the Defendant agreed to postpone the contract period on April 30, 2016 during the instant construction work, but agreed to extend the contract period on May 12, 2016.

In addition, on May 12, 2016, the Plaintiff, the Defendant, and C agreed on the implementation of the instant reinforcement works that amount to 10 details, such as the reinforcement work on the parts of the instant construction, the reinforcement work on the parts of the lower part of the instant construction, the reinforcement work on the parts of the lower part of the instant construction, and the increase in the crum capacity (hereinafter “instant reinforcement works”) until May 31, 2016. The Plaintiff, the Defendant, and C agreed on the implementation of the instant reinforcement works until May 31, 2016. On the same day, the Plaintiff entrusted the preparation of a notarial deed (hereinafter “instant notarial deed”) with the certification No. 1216 in 2016, which, as the law firm D’s certificate No. 163, approved the Plaintiff’s obligation to pay damages amounting to the Defendant in relation to the instant contract. However, if the Plaintiff performed the instant reinforcement works by May 31, 2016, the Plaintiff entrusted the Defendant with the preparation of the instant notarial deed (hereinafter “instant”).

The main contents of the notarial deed of this case are as follows.

Notarial deed of a repayment agreement (quasi-loan for consumption).

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