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(영문) 서울남부지방법원 2018.08.31 2016가단35783 (1)
손해배상
Text

1. The Defendant’s KRW 21,724,40 for the Plaintiff and KRW 6% per annum from September 21, 2016 to August 31, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and installs elevators, and the Defendant is a company that received a subcontract for the construction work from D in relation to the construction work of the 6th floor building on February 29, 2016, Yeongdeungpo-gu Seoul Metropolitan Government C ground-based building construction work (hereinafter “instant construction work”).

B. The joint contractors organized by the Plaintiff and E (hereinafter “joint contractors of this case”) are 2016

3. On the construction site, the Defendant entered into a contract with the Defendant to manufacture and sell one elevator of this case as follows. On the same day, the Defendant paid the Plaintiff KRW 12,210,000,000 out of the down payment of KRW 12,210,000.

Article 1 (Contract Details) (1) of the Contract for Manufacture and Sale of Elevators: 40,700,000 won: 37,000,000 won in supply value; 3,700,000 won in value-added tax; 3,700,000 won in the construction site. C Work period at the construction site: The contract date or June 30, 2016.

Article 3 (Payment of Price) (1) The method and timing and conditions of payment of the defendant's payment shall be determined as follows:

12,210,00 won for down payment, 24,420,00 won for intermediate payment at the time of contract, the balance of 4,070,000 won for bringing in materials, and the certificate of inspection. ② Even in cases where the joint supply and demand organization of this case was unable to perform the construction works due to delay in the execution of the defendant or other reasons by the defendant, the defendant shall pay the intermediate payment as prescribed in paragraph 1

Article 28 (Cancellation or Termination of Contract of Joint Supply and Demand Company) (1) Where there exists any cause falling under any of the following subparagraphs, the Joint Supply and Demand Company of this case may cancel or terminate the contract in whole or in part without delay:

2. The period of suspension of construction due to the defendant's reasons for responsibility.

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