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(영문) 울산지방법원 2018.05.23 2017가합21257
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 108,00,000 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s payment from August 9, 2017 to May 23, 2018.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts constituting the basis;

A. On July 14, 2016, the Defendant entered into a contract with the Plaintiff on July 14, 2016 (hereinafter “instant contract”) with respect to the production and installation of steel frame in a factory 1 and 3 factories (hereinafter “instant construction”) among plant machinery pipes and steel steel framed construction in a factory that was contracted by the prosperity Co., Ltd. (hereinafter “A”), and the main contents thereof are as follows.

The name of Article 1 (1) of the Contract for Construction Works: The contract amount of SURVIVAL 100 PRJEC (Construction Works for Iron Production: 2: A specifications and SPEC (Won 800,000,000) contract period: Additional tax (Won 4) contract period: July 14, 2016 to September 30, 2016: The delivery method within a factory: see Article 2 (1) of the Contract: The payment shall be made at a rate of 10% each month (cash and payment of electronic bills) or 25% each payment shall be deducted from the balance of the contract amount under Article 10 (1) of the Contract for the remaining payment (30% of the balance of the contract amount: 200,000,000) contract amount: the Plaintiff shall be deducted from the balance of the contract amount under Article 10 (3) of the Contract for the payment for delay in advance.

(1) The Plaintiff cannot delegate or subcontract a contract to a third party in a lump sum.

2) If a subcontract for part of the goods under a contract is necessary, the Plaintiff must make a subcontract in accordance with the Defendant’s decision upon written request by the Defendant. 3) Even if the Plaintiff approves a partial subcontract for a part of the goods under a contract, the Plaintiff’s responsibilities and obligations under this contract are not mitigated or exempted.

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