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(영문) 인천지방법원 2017.04.04 2016나7272
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 13,995,000.

Reasons

(b) the facts of the basis;

A. The Plaintiff is a person engaged in business, such as manufacturing, selling, and services of water treatment equipment with the trade name of C, and the Defendant (formerly: D Company) is a company engaged in business, such as manufacturing waste water and purified water treatment facilities.

B. The Plaintiff and the Defendant respectively concluded a contract for construction works that the Plaintiff wishes to perform as follows:

The name of the construction (the date of conclusion of the contract) E Corporation (F) contractual terms and conditions of the construction (the date of November 4, 201) : 264,00,000 won for the payment method of the contract (including additional tax) within 75 days after the order for the construction of the water purification facilities of the E company located in Yangcheon-gu Seoul Metropolitan Government (F) / [Advance] 120,000,000 won (after the contract] / [Period] 64,800,000 won (after the progress of 70%) / 79,200,000 won (after the completion of the construction and the completion of the trial) / The Cash Payment H Corporation (the island located in Ansan-si, Seoul Metropolitan Government) / The remainder after the date of issuance of the tax invoice / [the payment method of KRW 120,000 (including the date of completion of the construction and the completion of the construction work) / [40,000,700 won (including the remaining amount of the construction period] /

C. The Plaintiff completed H construction around April 2012, and around August 20, 2012, respectively. D.

The details of a tax invoice issued by the Plaintiff to the Defendant (or to G paid through payment upon the Defendant’s request) before and after the conclusion of each of the above contracts are as follows:

The details of the construction name tax invoice issued (unit: 19,90,000 G on November 30, 201, 201. 86,90,000 K intermediate payment of 313,50,000,000 E (unit price added) for the total of 313,50,000 E (on March 26, 201. 2,200,000 E (unit price added) for the construction project and other construction projects; 5,441,70 K on December 5, 2011; 86,90,000 K intermediate payment for the construction project; 13,50,000 K J system production; 14,00 K on July 27, 200, 200, 2007; 13,5,005, 105,205, 105,205,205, 201

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