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(영문) 부산지방법원 2017.08.09 2016가합45161
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 50,000,000 and its amount from November 20, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business of construction materials, and Defendant C is a person who runs the business of collecting and selling scrap metal and scrap metal with the trade name “D” using Defendant B’s name.

B. 1) The Plaintiff entered into the instant construction contract on February 23, 2015, and the FAB/products 1SE (hereinafter “instant production facilities”) located in the F plant from E Co., Ltd. on February 23, 2015.

(2) On March 19, 2015, the Plaintiff purchased KRW 5,363,00,000 for the purchase of the instant production facilities at KRW 5,363,00,00. The Plaintiff entered into a contract with Defendant B for the removal and classification work of the instant production facilities (hereinafter “instant construction contract”).

(B) Defendant C jointly and severally guaranteed the obligations under the above contract of Defendant B. The main contents of the instant construction contract are as follows: (a) The Corporation is “B” (Defendant B).

hereinafter the same shall apply.

(B) to carry out the construction in the capacity of the contractor, and even during the construction period of “B”, “A” (which means the Plaintiff);

hereinafter the same shall apply.

(1) According to its determination, “A” (including a person designated by “A” or “A”) may suspend the construction of “B” and may replace “A” and “B” may not raise any objection thereto. In this context, “B” shall waive the construction cost and shall not be claimed against “A”. The place where the subject matter of the construction is installed and the storage is located (the place of removal, demolition, and classification of the subject matter of the construction) from the date of the contract under Article 4 (Period of Construction) to the date of 120 days from the date of the contract under Article 3 (the place of removal, demolition, and classification of the subject matter of the construction). (1) Construction cost under Article 5 (Amount of Construction and Payment) (1): the basic construction cost: 150 won/K (Additional tax separately). (Total volume of the construction cost x the amount converted into KRW 150/K and calculated by the weight

(2) Payment method of the construction amount: removal of objects of the construction (after the sale and the payment of the construction cost is made).

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