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(영문) 서울서부지방법원 2017.10.26 2015가합37733
공사대금
Text

1. As to KRW 990,454,686 and KRW 982,614,446 among the Plaintiff, the Defendant shall start from October 23, 2016 to October 26, 2017.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendant has a patent for the waterproof method, and the Plaintiff is a specialized construction company that works for waterproof construction. around 2003, the Plaintiff, on behalf of the Defendant, ordered a waterproof construction work for concrete structures using the Defendant’s patented technology and executed it with waterproof products received from the Defendant, and agreed to be paid the remainder obtained from the Defendant as the construction cost less material cost and fees (five percent of the installment payments and supply value) from the Defendant. Accordingly, from around 2003 to October 2015, the Plaintiff received a waterproof construction on behalf of the Defendant and executed it. While the Plaintiff settled the construction cost up to May 2015, the Plaintiff did not receive a total of 33 construction cost as stated in the attached Table 1 claim amount, the Plaintiff was obligated to return the amount of unpaid sewage prices to the Plaintiff as the total of KRW 1,128,472,128 and delay damages incurred therefrom (i.e., the Plaintiff’s claim for construction payment). Accordingly, the Defendant is obligated to pay the Plaintiff’s total amount of construction cost and delay damages (ii).

The defendant is a stock company that runs a wholesale and retail business of construction materials, a business manufacturing construction materials, a business of waterproofing construction works, etc., and is wholly amended to the New Technology D and the former Construction Technology Management Act (Act No. 11794, May 22, 2013).

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