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(영문) 서울동부지방법원 2014.12.16 2013가합107537
약정금
Text

1. The Defendant’s KRW 10,036,40 for the Plaintiff and KRW 6% per annum from June 3, 2014 to December 16, 2014.

Reasons

1. Basic facts

A. On October 201, 2011, the Plaintiff entered into a subcontract with the Defendant, as the Defendant’s employee introduction, found D, the Defendant’s representative director, and the international construction for the non-party corporation (hereinafter “international construction”).

(3) In the case of the instant subcontractor, the instant subcontractor shall be deemed to have been a party to the instant comprehensive construction for Taesung Co., Ltd. (hereinafter referred to as “ Taesung comprehensive construction for Taesung”); and

2) Of the “E New Construction Work” contracted by Nonparty 1 to Nonparty 1 Livestock Cooperatives, the term “E New Construction Work” (hereinafter “instant Mechanical Equipment Work”).

(2) On November 7, 2011, the Defendant was awarded a subcontract for the instant machinery and equipment construction work from the instant subcontractor (hereinafter “instant subcontract”) as follows.

[Case Subcontract]

1. Project owner: The name of the original contract for the original contract for the nuclear and livestock cooperative: the new construction corporation; and

2. The name of subcontracted works: Mechanical installation works;

3. Construction place: F at the prime cost.

4. Construction period: The contract amount of KRW 885 million from November 7, 2011 to November 5, 2012: Value-added tax on labor cost of KRW 85 million: KRW 213,868,707 under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry: KRW 805 million;

B. On the other hand, from February 2012, the Defendant concluded a supply contract for materials and equipment with respect to the instant machinery and equipment construction. The main contents of the contract are as follows.

On February 25, 2012, the contract details contract amount (won and value added tax separate) between the contracting party as of the date of concluding the contract (hereinafter referred to as “Gilday”) 42,000,000 of the supply contract for the CentralS&T year around February 2012, 2012, around February 201, 2012, the supply contract for the Seoul P&C C Tank Co., Ltd. 42,000,000,000 for the supply contract for the C&C Tank automatic control contract on June 11, 2012 and around 70,000,000,0005 for the C&M pumps supply contract on September 11, 2012.

C. The plaintiff.

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