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(영문) 의정부지방법원 2017.06.23 2015가단114302
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,645,00 and the interest rate of KRW 15% per annum from June 23, 2015 to the day of full payment.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole as to Gap evidence 1 to 7, 9, Gap evidence 8 (except for the part in the defendant's name), Eul evidence 2 and 3, and witness evidence A's testimony.

The plaintiff is a corporation established for the purpose of manufacturing and installing elevators.

B. (1) On July 21, 2014, the Plaintiff entered into the instant construction contract with the Defendant on the following construction contracts (hereinafter “instant construction contract”) with the term of 4,2350,000 won (including value-added tax) in the Defendant factory located in Jinyang-si, Jin-si, Jinyang-si, and the payment period of 4,235,000 won (including value-added tax) and October 20, 2014 (the date of completion inspection of elevator main facilities).

(2) Article 1 (Details of Contracts) of the instant construction contract

5. Fire-fighting intensity (2, 3, 4) and fire-fighting intensity (2, 3, 4) within a single floor (S1S1S1S304) of 1SCO60 - 5/5 (Induns) [1, F2, 3, 4, 5] old MRL/ 11, 5/5 (Induns).

6. When a down payment contract is made, the main material of the intermediate payment of KRW 12,705,00 is brought to the site or to the place designated by the Defendant at the time of bringing the main material into the site at KRW 25,410,000,000, seven days before an application for a completion inspection of the full payment of KRW 4,235,000 is filed.

Even if the commencement of the construction work (referring to the entry of main materials into the site) is delayed due to the delay in the construction of the defendant, the defendant pays part payments by recognizing the factory production of the elevator subject to the construction work by the plaintiff.

Article 2 (Obligation of Defendant to Cooperate) (1) The Defendant shall complete the construction of entrance paths and machinery rooms for the installation of elevators by August 30, 2014, and other construction-related construction works, electrical construction works, etc. necessary for the establishment of the Plaintiff.

Article 3 (Installation Work) (1) Where there exists any change in matters agreed upon by both parties during the installation work, the plaintiff shall immediately notify the defendant thereof, and where he intends to change the construction period, details of the work and the construction cost, the defendant and the plaintiff

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