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(영문) 서울남부지방법원 2016.04.14 2015가단24885
공사대금
Text

1. Defendant (Counterclaim Plaintiff) design Co., Ltd. and Defendant A jointly and severally with the Plaintiff (Counterclaim Defendant)

(a) gold 6,950.

Reasons

The combination of principal lawsuit and counterclaims (if the following is the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) design is only Defendant MM design, and both Defendant MM design and Defendant A are referred to as the Defendants in the case of both Defendant MM design and Defendant A). The facts of the basis on 1.

A. The Plaintiff and Nonparty Co., Ltd. (hereinafter “Gyeongsung Elevator”) entered into a contract with the Defendant to complete and deliver the elevator installation to the Defendant by July 10, 2013 on the building located in Gwanak-gu in Seoul Special Metropolitan City (including value added tax) for the payment of KRW 56,650,000 for April 26, 2013. At the same time, Defendant A agreed to pay as damages for delay an amount calculated by multiplying the total contract amount by 1/100 for the total contract amount by the number of days for delay.

(hereinafter “The instant elevator construction contract” and, in the event that only the agreement on delay damages is referred to as “the instant agreement on delay damages,” Defendant A paid the Plaintiff the down payment amount of KRW 29,700,000 on the day of the said construction contract.

B. After that, around August 22, 2013, the Plaintiff, the light elevator and the Defendants agreed to change the completion date from July 10, 2013 to August 30, 2013 as the IM design (hereinafter “MM design”).

However, the Plaintiff agreed not to exempt Defendant A from the obligation to the Plaintiff until the Plaintiff paid the price in full from Defendant MM design.

(hereinafter “instant amendment agreement”). Meanwhile, on the day of the instant amendment agreement, Defendant MM design paid KRW 20,000 to the Plaintiff the intermediate payment of KRW 20,000,000 among the construction price on the day of the instant amendment agreement, and the remainder of KRW 6,950,000 was agreed to be paid when the Plaintiff delivered a certificate of inspection to Defendant MM design.

C. The Plaintiff is an elevator on August 28, 2013 after installing an elevator in the above building.

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