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(영문) 부산지방법원동부지원 2019.12.11 2017가단205129
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On June 10, 2015, the Plaintiff and the Defendant entered into a contract with the captain of Busan-gun C (hereinafter “instant factory”) with respect to the construction work, etc. of extending the third floor of the Defendant’s factory located in Busan-gun (hereinafter “instant factory”) to five stories, and the second floor factory to four stories (hereinafter “instant construction work”).

The Corporation: The construction period of the factory extension project: The contract amount: 1,600,000,000 won (excluding value-added tax) from June 16, 2015 to September 25, 2015 - The payment method of the contract amount: 30% cash payment of the contract amount after the contract: The payment method of the intermediate payment - the payment of 50% cash payment of the contract amount at the rate of 80% when the contract amount is completed - The payment rate of delayed payment for the total cash payment of the remainder after the completion of the contract : The construction period of the first contract of this case after 0.1% was finally extended to May 31, 2016 by several changes contracts.

B. On April 11, 2016, the Plaintiff entered into a contract with the Defendant to conclude a contract with the following terms: (a) additional construction work to change and expand the conversion of the fifth floor unit of the fifth floor to a laboratory (hereinafter “instant construction work”; and (b) the instant construction work and each of the instant construction works collectively referred to as “each of the instant construction works”; and (c) the instant contract and each of the instant construction works collectively referred to as “each of the instant construction works” (hereinafter “instant contract”).

The name of the Corporation: The contract amount: 300,00,000 won for the extension of a factory in B/B: from June 16, 2015 to May 31, 2016: the contract amount: 272,727,273 won for supply - Value-Added Tax: the payment method of the contract amount of KRW 27,272,727: the payment method of the contract amount after the contract - the payment method of the intermediate payment - the payment of 30% of the contract amount - the payment of the balance in cash at the rate of 80% when the contract amount is completed - the payment rate of the remainder in cash: 0.1%

C. On September 19, 2016, the Defendant obtained approval for the use of the extended factory of this case.

The plaintiff on August 30, 2016.

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