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(영문) 의정부지방법원 2019.01.31 2016가합1608
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 186,482,00 to the Plaintiff (Counterclaim Defendant) and its amount from June 17, 2016 to January 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells raw materials, and C is a company that operates agricultural facilities in Kazaktan and entered into a contract for the following construction with the Plaintiff, and the Defendant is a company that merges C with the Plaintiff on April 8, 2016.

(hereinafter referred to as “Defendant” including C). (b)

On May 20, 2015, the Plaintiff entered into a contract for construction (hereinafter “instant contract”) as indicated in the following table with the Defendant operating the greenhouse in Kazaktan E (hereinafter “instant greenhouse”).

Contract for the renovation and repair of greenhouses;

1. The name of the construction work: The construction work for renovation and repair of the greenhouse of the E facilities;

3. Date of commencement: The scheduled completion date of April 20, 2015: The contract amount: 2,209,300,000 won (value-added tax rate) on August 5, 2015.

7. Contract amount of a defect security construction project (specialized construction project - creative construction project): 2,209,300,000 won for warranty bond (10%) and amount: One year for warranty bond for defects:

8. Rate of liquidated damages: 0.01 of the contract amount per day delayed.

C. The instant contract was concluded in the form of exporting necessary materials to the Corporation, but thereafter, the Plaintiff and the Defendant changed the form of exporting the said materials directly between the Plaintiff and the Defendant.

(C) Around July 13, 2015, the Defendant seems to have followed the procedures for customs clearance, etc.

On June 2015, the Plaintiff issued a tax invoice for KRW 76,400,00 in total under the name of additional construction, additional construction for seedlings, additional construction for gathering devices, etc., and requested the payment of additional materials, but around July 10, 2015, the Plaintiff revoked the issuance of the tax invoice by notifying the Defendant that he/she would settle the accounts after the Defendant’s representative director.

E. From August 2015, when the instant construction was in progress, the Defendant began to grow soil in the instant greenhouse from around August 2015, and the Plaintiff on December 17, 2015.

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