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(영문) 수원지방법원평택지원 2017.12.20 2016가합9539
공사대금
Text

1. As to KRW 46,677,659 among the Plaintiff-Counterclaim Plaintiff and KRW 14,777,659 among the Plaintiff-Counterclaim Plaintiff, the Plaintiff-Counterclaim Defendant (Counterclaim Plaintiff) was on June 3, 2016.

Reasons

The main lawsuit and counterclaim shall be examined together.

Basic Facts

The 11 companies, such as Co., Ltd. and D, jointly purchased land of size E 148,593 square meters in Ansan-si for the establishment of a factory. On June 7, 2012, the Ansan-si Mayor demanded the said 11 companies to install one wastewater treatment facility and four installed-type leisure and non-point pollution treatment facilities (breadth x 3.8m x length x 6.75m x height 2.7m x 2.7m m/ 250m / hr, and 4m) for the disposal of pollutants in the same lot of land.

The above 11 companies established the defendant to construct the treatment facilities of sewage and non-point pollution disposal facilities necessary for factory establishment according to the above demand, and the F, the representative of D Co., Ltd., was appointed as the defendant representative director.

G, the representative of C, was established to receive the above construction work, and was appointed as the representative director of C.

On May 31, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant with respect to the construction contract for the construction work of the said E-il sewage treatment plant and four non-point pollution treatment plant (hereinafter “instant contract”). On May 31, 2012, the Plaintiff entered into the contract with the Defendant and paid KRW 120 million as the down payment on the date of the contract.

The construction period: The construction cost from June 1, 2012 to August 31, 2012: 370 million won: the payment method of the down payment (excluding value-added tax): 30% of the construction cost of intermediate payment (after the completion of the construction of a structure), 50% of the construction cost of intermediate payment (after the completion of the construction of the structure) and the Plaintiff agreed on the construction contract as follows: The Plaintiff and the Defendant agreed on the construction contract: 11 wastewater treatment facilities outside the Defendant and 11 companies; 4 construction works for non-point pollution treatment facilities, and the Plaintiff’s agreement on the sewage treatment facilities inside the complex of the non-Defendant 11 companies (the design standard of the facilities is not more than 120 cubic meters = 120%) construction of sewage treatment facilities and non-point pollution reduction facilities: 250/h x 4 meters, as well as the environmental conditions for the construction of machinery and equipment, including the construction of the machinery and equipment.

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