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(영문) 대구지방법원경주지원 2015.09.04 2014가합1188
변압기제작대금
Text

1. The Defendant shall pay to the Plaintiff KRW 170,755,730 as well as 20% per annum from December 5, 2014 to the date of full payment.

Reasons

1. Company C (Representative: Defendant) in the basic contract for an intra-company subcontractor in basic facts, and Company A (Representative: Plaintiff) refers to “B” and “B” respectively, and the basic contract for an intra-company subcontractor between Company A and B is entered into between Company A and B as follows, and this contract applies in common to all contracts between Company A and B.

Article 2 (Period of Contract between August 1, 2014 and July 31, 2015) Payment shall be made according to the monthly progress rate of construction work 1). 2) At the time of filing a claim for progress payment, B shall prepare a statement of progress and a written claim for progress and submit it to A, and obtain A’s approval.

3) The work portion shall be paid not later than 26th of the next month on the basis of the progress rate as of the end of each month. 4) The wage may be paid preferentially on behalf of B, with progress payment to B, security under Article 13, if the delayed payment to B would result in a threat to the performance of the contracted work.

Article 10 (Facilities, Work Tools, etc. 1) All facilities, work tools, etc. necessary for the work performed by Eul 1) shall be procured, brought in and used under the responsibility of Eul, except in special cases where prior consultation has been made with Gap. All property damage arising from the work performed by Eul and Eul 2 shall be recovered from the unpaid progress payment amount of Gap, and the difference shall be recovered from the performance guarantee insurance, etc. in advance. The offer of security under Article 13 (4) and Article 12 shall be submitted simultaneously with the contract for the performance guarantee, in order to guarantee Articles 5 (1) and 12 of this Agreement. The compensation and other obligations against which the offset under Article 18 (1) shall be deducted from the amount of the base payment to be paid by Eul. The defect in the supply of goods after the manufacture of the defect shall be liable within the pre-payment guarantee period.

2. Defects that occurred after passing an inspection by Gap;

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