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(영문) 창원지방법원 2021.02.05 2020나50611
약정금
Text

In accordance with the reduction and addition of claims by this Court, the first instance judgment shall be amended as follows:

The defendant.

Reasons

1. Basic facts

A. On December 2016, the name of the Plaintiff was successively changed from the Defendant to the “F Child Care Center” at the window C of Changwon-si, the Defendant’s window C, which was operated by the Defendant, via the “E Child Care Center” in this case.

(hereinafter referred to as the “child-care center of this case”) Fire-Fighting Facility Repair Corporation (hereinafter referred to as the “instant Corporation”) shall include value added tax of KRW 3,960,000 (including value added tax).

The construction cost of this case (hereinafter referred to as the “construction cost of this case”), 12% per annum, December 2, 2016 on the date of commencement, December 30, 2016 on the date of completion of construction work (hereinafter referred to as the “construction contract of this case”), and on December 30, 2016, the Defendant and the Defendant drafted “contract for Fire-Fighting System Installation Work” regarding the instant construction work (hereinafter referred to as the “construction contract of this case”). The main contents of the construction contract of this case are as follows.

Fire Fighting System Contract Contracts

3. Date of arrival: December 2, 2016;

4. Date of completion: December 30, 2016.

5. Contract amount: 3,960,000 won per day ( 3,960,000).

6. Method of payment of price;

(a) Advance payment: Commencement of a project after receipt of KRW 1,800,000 per day (1,800,000) (50% of the down payment) within three days from the date of conclusion of the contract;

(b) Balance: Within one week after the completion of a sprinkler test run;

(c) Payment of quasi-public funds: The ordering person shall pay the completion money without any condition or reason after the trial run.

7. Progress construction works: Repair of the part damaged by existing installation pumps after suffering from designated agents of the pumps (the receipt of the part after pre-determination of the purchase price of the pumps);

8. Performance guarantee: Performance guarantee shall be conducted after repairing pumps, and the performance of the pumps at the time the standards for installation are applied;

9. Period of warranty for repair of defects: One year and 12 days from the date of completion, and one year and 12 days from the date of completion, for which delay in the payment of the remainder is autonomously made without any condition when maintaining normal pressure after the performance of a performance test

B. Meanwhile, around March 2015, the Defendant received fire-fighting pumps from H operating “G” and did not pay KRW 6,500,000 for the pumps. The Defendant was the Plaintiff on December 15, 2016.

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