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(영문) 울산지방법원 2020.12.16 2019가단105091
공사대금
Text

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 27,536,800, to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On September 17, 2018, the Plaintiff entered into a sub-subcontracting construction contract (hereinafter “instant contract”) with the Defendant on December 5, 2018, setting the contract amount of KRW 115,00,000, and the date of completion of installation as of December 5, 2018 with respect to the construction of an engine duct, cOCS reduction equipment (hereinafter “instant construction”). The main contents of the instant contract are as follows.

(4) On December 05, 2018 (based on the date of completion of the inspection of installation / 15,000) the payment period: (1) the payment period: (1) the payment period of 100 tons (1,150,000 per ton : 1,150,000) (3) the payment period: (1) the payment period of 0% of the cash payment (10%) the payment period of 10% of the amount of 10% of the amount of 10% of the amount of 10% of the amount of 10% of the amount of 20% of the amount of 10% of the advance payment (23:0% of the amount of 10% of the amount of 10% of the amount of 10% of the amount of 20% of the advance payment (20% of the amount of 10%) the payment of 10% of the amount of 10% of the cash payment (13% of the amount of 10% of the amount of the 20% of the date of the 20.

(ii)to submit advance payment instruments for prepaid part payments made in advance with the material put into storage;

Provided, That the period of contract shall be extended or the period of the principal securities shall be extended at the time of the delayed payment due to the books of “B”;

(c).

The Plaintiff started the instant construction project, such as purchase of materials under the instant contract, but did not pay the construction cost properly. As such, the Plaintiff’s construction cost was not paid on October 12, 2018, E (hereinafter “E”).

The Plaintiff shall produce and install facilities according to the instant contract.

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