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(영문) 수원지방법원 2021.01.14 2019가단559800
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 30, 2016, the Defendant received a subcontract from C Co., Ltd. (hereinafter referred to as “C”) for construction glass, windows, and pressing construction among D’s new construction works for D’s two factories (hereinafter referred to as “C”) with the contract amount of KRW 1,197,570,000 (including value added tax) (hereinafter “instant original construction”). B. On July 12, 2016, the Plaintiff and the Defendant concluded a standard contract for the entrustment of manufacture of construction materials as follows (hereinafter referred to as “instant construction”). The delivery period of C5: From July 12, 2016 to December 31, 2016: the contract amount: 52,50,000 won (including value added tax):

1.The special terms and conditions of this Agreement shall prevail over the above Standard Contract for the Manufacture of Construction Materials.

2. The flag shall be determined by the Defendant among the weather conditions and the implementation terms.

3. The settlement shall be determined by the defendant among the conditions of the large A settlement and the conditions of the implementation settlement.

4. Terms and conditions of settlement - The payment terms and conditions of the opposite Party Party A and the period of the Defendant’s regular settlement (for personnel expenses, the payment terms and conditions of payment as of the following month except for the payment as of the end of the following month after issuance of the tax invoice of the opposite Party A and the remainder of personnel expenses). 6. Performance securities of contract (for presentation, reservation of payment at the time of failure) and defective performance securities (for presentation, reservation of defective security deposits).

9. 1) From two times after the receipt of the initial text, the preparation and the confirmation of payment by company must be confirmed and submitted to the defendant in accordance with our format (the details of payment by company and the confirmation of payment by company).

Where a person fails to submit such report or prepares a false report, the payment shall be made after deducting the amount equivalent to the amount, and the payment shall be deferred until a subsequent supplement is submitted.

2) The Defendant shall pay the construction price to the Plaintiff after confirming the payment of wages to all the site.

If the plaintiff delayed payment of wages, the defendant shall pay the difference to the plaintiff after paying the wage first.

Documents evidencing the payment of monthly personnel expenses shall be submitted.

(c)

The plaintiff on December 2016 to the defendant.

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