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(영문) 서울중앙지방법원 2017.02.09 2013가합34711
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 168,308,872 to the Defendant (Counterclaim Plaintiff) and its related amount from August 6, 2013 to February 9, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On July 29, 2011, the Defendant’s Intervenor entered into a contract with the Defendant’s Intervenor (hereinafter “A”) contracted the business of establishing all broadcast systems, such as broadcasting equipment, broadcasting system, network, and mileage (storage media) necessary for the operation of A’s general programming channels, with a contract price of KRW 20.5 billion (value-added tax separately).

On August 3, 2011, the Defendant’s assistant intervenor subcontracted (hereinafter “instant contract”) the amount of the broadcast system and the installation of mileage to the Defendant (including value-added tax) to KRW 12,108,821,527 (hereinafter “instant contract”).

On October 4, 2011, with the approval of the Defendant’s assistant intervenor, the Defendant re-subcontracted the construction project that requires technical skills, such as the construction of mileage (hereinafter “instant construction project”) to the Plaintiff at KRW 1,649,140,000 (excluding value-added tax) (hereinafter “instant subcontract”).

The contents related to the instant case among the special conditions of the instant subcontract are as shown in the attached Form.

On October 201, the Plaintiff re-subcontracted the Plaintiff’s Intervenor with the Defendant’s approval to connect the connection set up during the instant construction project.

With respect to the instant construction project, the employee B of the Defendant Intervenor took overall charge of the construction project, and the employee C, D, and the employee E of the Plaintiff Intervenor was in charge of design and construction work.

B On January 16, 2012, the Plaintiff, the Defendant, and the Intervenor’s Intervenor notified the work plan to extend the capacity of the news-related mileage from 102TB (TerB) to 131TB.

Pursuant to the above work programme, D performed the work of installing additional mileages of 29TB at the data center of A on January 17, 2012.

E The work of linking the sets set up in A’s data center from January 18, 2012 to 04:00 (hereinafter “instant work”).

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