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(영문) 대전지방법원서산지원 2015.12.24 2013가합2787
공사대금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates the business of manufacturing and installing steel structures, and the Defendant is a company that generally engages in plant production facilities or manufacturing facilities.

It is a company that carries on manufacturing, construction, design and engineering-related business.

The name of the construction project under the terms of the contract: The contract period from April 4, 2012 to April 30, 2013: the contract amount: 75,500,000 won (including value-added tax): 10% of the contract amount: advance payment; 10% of the contract amount; and 10% of the fixed payment by the monthly claim (cash 100%) after completion of the completion inspection: 10% of the contract amount (the submission of the completed and defective securities): The fixed payment after completion of the completion inspection (the period of liability - the period of 12 months after completion of the construction): The defendant is referred to as "A"; and the plaintiff is referred to as "B", and this contract is concluded under this agreement.

Terms and Conditions of the contract (Execution of Works) Article 2

1. B shall perform the project under the terms of this contract and the design documents (including drawings, specifications, etc.);

(Necessary drawings and specifications shall be used as up-to-date copies distributed from Gap). 2. Eul shall select a field manager of Eul prior to the commencement of production and shall promptly comply with all matters directed by Gap or Gap's agents after obtaining Gap's approval.

3. Eul shall, at the request of Gap, respond to the examination at the time of qualification for use, and may be conducted only by workers who have passed this examination.

4. Eul shall prepare and submit to Gap the schedule of production (SCHDUE) of the Corporation and its executing organization at the same time as this contract is executed.

5.B shall submit WEKLY REPTRT in the course of performing the manufacture works and take active measures to require A to submit a production document.

Article 3 (Scope of Contracts)

1. List 1) COAL SIL (Clified 9 set and 6 set set of 6 set and 10 set of 3 sets = 12) - Top part (Htil & 12).

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