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(영문) 인천지방법원부천지원 2016.07.19 2015가단10044
기계제작및설치대금
Text

1. The Defendant’s KRW 91,39,280 for the Plaintiff and 6% per annum from January 13, 2015 to October 14, 2015.

Reasons

1. The gist of the Plaintiff’s claim in this case claimed 91,39,280 won against the Defendant (=80,459,280 won) and damages for delay as follows: (a) the Plaintiff claimed 91,39,280 won against the Defendant.

Upon the request of the Defendant, the Plaintiff in the part of the claim for the construction cost: (a) performed construction work, such as “C Relocation Installation Work (In Seo-gu, Seo-gu); (b) production and installation work (in Seo-gu, Seo-gu); (c) production and installation work of classical heat treatment (F); (d) “G heating, etc. repair work (Seoul Yeongdeungpo-gu)”; (e) “production and installation work of I et al. (J)”; and (e) “production and installation work of K C bean, etc. (Seoul Haan-gun),” which were not paid KRW 80,459,280 from the Defendant’s construction cost; and (b) thus, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff.

B. The Plaintiff, while engaging in the production and installation works of the above I, installed “steb” and “steb” protecting the said Twitter, and the Defendant ordered L, an employee of the Plaintiff, to use “stegrhrhrhrhrh 310S” with a unit price of “stegrhrh 310S” as indicated in the design drawing. Accordingly, the Plaintiff purchased and installed the above “stegrhrh Pi 316L.”

However, as the heat resistance of the aforesaid “Steinty Pipe 316L” was not good, there was a case where the Pib and twitter was damaged, and it was ordered on January 8, 2014 to replace the twitter with the order of KRW 5,940,000.

As a result, the plaintiff suffered damages equivalent to the above amount, the defendant shall pay it as damages.

C. Around October 2013, the Plaintiff requested the Defendant to set the production and installation of a machine on the “N” located in Kimpo-si, Kimpo-si (excluding value-added tax) as KRW 45,00,000 (hereinafter “ND”) and requested the Defendant to pay KRW 5,00,000 as the advance payment on October 25, 2013.

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