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(영문) 부산지방법원 2014.11.07 2012가단93684
공사대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 27,894,925 on November 15, 2012 and the Plaintiff’s counterclaim on November 7, 2014.

Reasons

1. Basic facts

A. On September 8, 2011, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of artificial machines (subject matter : 800H size of large-scale launch machinery x 800W x 4200 L, 450 W and bes 1 sets size 150 x 450 x 25 x 25 x construction cost, construction cost: 350 million won: Additional tax, additional tax, and delivery date: November 20, 201; delivery condition: the installation of the Defendant-designated factory, the inclusion of trial operation, and the compensation for delay: 3/100 of the daily contract amount).

(hereinafter referred to as “this case’s machinery, construction, and contract”. (b) The foregoing machine, its manufacturing and installation, and each of the above contracts are “the instant machinery, construction, and contract.”

Upon completion of the manufacturing of the instant machinery, on November 11, 201, the Plaintiff moved the machinery to the KHE factory, which is the place of installation designated by the Defendant, and started the construction work after the relocation of the machinery to the KHE factory, and completed the construction work on December 3, 2011.

C. Meanwhile, in addition to the instant contract, the Plaintiff’s respective mald and bee gold and gold punishment at the Defendant’s request.

c. The gold penalty of this case is referred to as “the gold penalty of this case”

) The production and processing of 6 sets (hereinafter “instant additional construction”) shall be referred to as “the instant additional construction”).

(D) The Defendant paid KRW 154,052,093 for the production cost of the gold-type 6 sets. Of the following, the Plaintiff paid KRW 37,760,000 for the production cost of the instant gold-type 6 sets. D. The Defendant paid KRW 315,00,000 to the Plaintiff for the construction cost of the instant case. [In the absence of any dispute over the grounds for recognition, each of the evidence Nos. 1 and 2, the testimony of the witness B, and the purport of the entire pleadings.

2. The assertion and judgment as to the principal lawsuit and counterclaim

A. On November 20, 201, the Plaintiff, as to the principal suit, manufactured the instant machinery according to the instant contract, and completed the establishment of the KHE factory in the Jeonbuk-gun, a place where the Defendant is designated, at the location of the Defendant, at the KHE factory.

However, the production of the gold model of this case produced by the Defendant is delayed and does not run a trial on November 30, 201, and its production was completed on December 1, 201;

2. The trial run;

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