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(영문) 수원지방법원 2018.01.25 2016가단526809
공사대금
Text

1. Of the instant lawsuits, the part of KRW 209,391,928 shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

The plaintiff between the plaintiff and the defendant is a company that conducts mechanical facility construction business, air conditioners manufacturing business, etc., and the defendant is a company that designs, manufactures, produces, develops, remodels, and rationalizes the bread machinery.

On December 19, 2013, the Plaintiff was awarded a subcontract for the production and installation of a series of products awarded by the Defendant from the Korea Ginseng Corporation, and drafted the following contract with the Defendant:

(hereinafter) The contract of this case is “the instant contract” and the subject matter of the contract is “the instant contract. The contract term - from December 6, 2013 to September 30, 2014 - the contract amount (including value-added tax) - advance payment of KRW 980 million: 20% (196 million) of the contract amount: The intermediate payment of KRW 50% (490 million) of the contract amount: The remainder of KRW 30% (294 million) of the contract amount - the liquidated damages rate of KRW 30% of the contract amount - 3/1000 of the contract amount per day - 10% of the contract amount - the payment of the price of the goods, etc. from December 6, 2013 to September 30, 2014; the Defendant provided the Plaintiff with the remainder of KRW 360,000,000 of the contract amount, which includes the remainder of KRW 360,000,71.

On the other hand, the Plaintiff constructed a string engine with respect to the instant machinery.

The Plaintiff completed the instant machine and supplied it to the Defendant, and submitted to the Defendant the surety insurance policy, which covers the purchase price of KRW 98 million (10% of the contract amount) on November 7, 2014, the insurance period from October 1, 2014 to November 29, 2016 (791 days), and the performance bond with the contents of the warranty as defect bond (e.g., defect bond).

The plaintiff, such as a collection order, etc. for the goods price claim of this case, shall transfer KRW 62 million among the construction price of this case to Dong-gun Co., Ltd., and notify the defendant of such transfer.

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