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(영문) 서울남부지방법원 2017.09.15 2016가합108893
공사대금
Text

1. The Defendant’s KRW 45,056,00 for the Plaintiff and KRW 6% per annum from May 1, 2016 to September 15, 2017.

Reasons

1. Basic facts

A. The Defendant is the party, etc. (1) The Defendant’s position as the party, etc.) at the 205 place from Samsung C&M Co., Ltd. in the Nam-gu, Ulsan-ro 205 (hereinafter “Tulsan site

(2) the Jeju Forest Association and the Stex Co., Ltd. are located in Seopo City in Seopo City (hereinafter referred to as the “ Jeju District”) in the U.S.F boiler’s Co., Ltd. (hereinafter referred to as the “Stex”).

(2) The Plaintiff was awarded a contract for manufacturing, installing, removing, manufacturing, and installing Jeju KG experiment equipment, installation, and exhaustive equipment. (2) The Plaintiff is a company awarded a subcontract from the Defendant for each of the above construction works related to the Ulsan site and Jeju site, and the non-exclusive company (hereinafter “non-exclusive company”) is a company that has been sub-subcontracted from the Plaintiff for each of the above construction works and actually performed the manufacture and installation work.

B. 1) The Plaintiff and the Defendant’s supply-related subcontract agreement entered into between the Plaintiff and the Defendant: ① around July 2015, the Plaintiff entered into a supply-related subcontract agreement with the Defendant: (a) the Defendant and the Plaintiff are “SDR Corporation” in accordance with the actual name, namely, the anti-frecing tower manufacturing and installation of the anti-freculing response tower among the burning gas treatment facilities of the Ulsan PSB

(1) From July 10, 2015 to February 29, 2016, the construction period of construction (from September 1, 2015 to September 20, 2015, the site installation of anti-farcing response towers and ancillary equipment) and the supply and installation place of the supply and installation shall be the Ulsan site, the contract price of 470,000,000 (VAT separate), and ② around August 2015, the selective promotion exchange tower and the installation of ancillary equipment (hereinafter referred to as “SCR”) among the combustion gas treatment equipment of the Ulsan SB boiler’s team supply and oil supply business.

B) From July 10, 2015 to February 29, 2016, the construction period of construction was determined from July 10, 2015 to February 29, 2016 (the construction site of selective promotion exchange towers and ancillary facilities from September 1, 2015 to September 20, 2015) and the supply and installation site was determined as the Ulsan site, contract price of 380,000,000 won (VAT separate) and entered into a subcontract for each supply (hereinafter collectively referred to as “the first construction”).

(ii) relating to Jeju sites;

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