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(영문) 서울중앙지방법원 2018.09.05 2015가합560306
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 14, 2013, the Plaintiff operating a private company with the name of “C” and “D” entered into a construction contract with the Defendant with the content that the Plaintiff would pay US$ 4820,00 (excluding value-added tax) to the Plaintiff (hereinafter “instant contract”) when the Plaintiff installs two bags for the production, activation, crushing, and packing facilities of 8 tons per day in a new E-factory in Thailand. The main contents are as follows.

The details of construction contract - Construction Work: Within 165 days from the date of the payment of the down payment: The second Line completion within 165 days from the date of the down payment: 20% of the advance payment; 65% (3 times); and 15% after the trial run (cash) contract terms and conditions under Article 3 of the construction contract terms and conditions as follows; the defendant may cancel the contract without the consent of the plaintiff; in such cases, the defendant may pay 90% of the amount assessed by the defendant for the part of the original work; and the plaintiff shall not remove the original structure without the consent of the defendant.

3) When the Corporation does not proceed as required by the Defendant or the Defendant acknowledges that there is no possibility of completion by the agreed date, the Plaintiff shall undergo an inspection by the Defendant’s Supervisory Board before delivering the structures produced by the Plaintiff to the Defendant.

3. Those which have failed to pass an inspection or have failed to pass an inspection by the defendant may be used in advance under the circumstances of the defendant, and those which have failed or failed to pass an inspection shall be completed under the responsibility of the plaintiff

B. On December 11, 2013, the Defendant did not confirm that the accurate amount of the down payment under the instant contract was not disclosed to the Plaintiff since it did not disclose both the Plaintiff and the Defendant.

B. The plaintiff paid the money, and the plaintiff paid the money in accordance with the above contract.

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