logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.02.09 2015가합1605
기계제작비등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 78,833,217 to the Plaintiff (Counterclaim Defendant) and the amount from January 12, 2017 to February 9, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company that aims at manufacturing machinery, etc., and the defendant is a company that aims at manufacturing machinery and equipment business.

C Co., Ltd. ordered the construction of the “herherat steam Mining Construction Verification Facilities” in Incheon to E (hereinafter “E”), and E subcontracted the Defendant the “herherat machine and boiler production, installation, and other construction works” during the said construction.

B. On October 15, 2014, the Defendant awarded a subcontract to the Plaintiff with the payment period of KRW 750 million (excluding value-added tax), payment period of KRW 30 million (excluding value-added tax), and the payment period of liquidated damages rate of KRW 0.15% per day, respectively.

In addition, on January 28, 2015, the Defendant awarded to the Plaintiff a contract by setting the construction cost of KRW 545 million (excluding value-added tax), the payment period on March 31, 2015, and the liquidated damages rate of KRW 0.15% per day on January 28, 2015.

(hereinafter referred to as the “each of the instant works” in combination with the instant CCR Corporation and the instant SCR Corporation.

The Plaintiff, while continuing each of the instant construction works, suspended construction works on July 10, 2015, and notified the Defendant that “the wages for the on-site workers are overdue for three months due to the Defendant’s failure to pay and avoid settlement.”

After that, around July 14, 2015, the Plaintiff’s on-site workers prevented the work site of the instant construction and controlled the entry of other company workers. In order to resolve the overdue wage problem on July 14, 2015, the Defendant paid KRW 50 million to the Plaintiff on July 15, 2015, and the F paid KRW 160 million to the Defendant on July 21, 2015.

arrow