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(영문) 부산지방법원동부지원 2017.11.17 2016가합10
하자보수비 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 124,881,900 to the Plaintiff (Counterclaim Defendant) and its payment from January 12, 2016 to November 17, 2017.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to construction work as to construction work, and thereby exceeding the bounds of the legal principles as to construction work.

The main contents are as follows:

A construction contract.

1. Construction name: A food factory construction corporation;

2. The place of construction: The place other than C in Yangsan City;

3. Period of construction: From January 20, 2015 to April 30, 2015 (it may extend the period of construction at the time of a non-work due to the alteration of a ceiling and drawing): 1,52,950,00 won: The contract amount: 1,52,950,000 won; the value of supply including value-added tax: 1,384,50,000 won; value-added tax 138,450,00 won.

5. The scope of construction: He shall correspond to the contract statement that he has decided to consult with the return company.

6. Method of payment: A shall be paid to B at a fixed rate;

8. Guarantee for performance of contract: 1%; and

9. Warranty Liability Period: One year: zero point one percent (0.11%) guarantee for payment of the price: omitted in agreement between the plaintiff and the defendant; 12. Details of the additional cost due to the extension of the construction; * When the design office and the supervisor have been confirmed during the construction period, the construction will proceed.

From January 15, 2015 to June 16, 2015, the Plaintiff paid a total of KRW 1,279,150,000 to the Defendant as construction price. 2) The Plaintiff paid KRW 50,00,000 to the account in which the “DE” was recorded as transaction items, and KRW 20,00,000 on March 20, 2015 and KRW 80,00,000 on June 3, 2015, respectively.

C. In addition to the instant contract, the Plaintiff entered into a contract for additional construction works with respect to the instant factory, as indicated below, with respect to the instant factory, in addition to the instant contract, the Plaintiff directly entered into the contract for additional construction works as described below. On July 1, 2015, the contract amount for construction works (unit: F Panel Corporation, FJ Corporation, 83,600,000,000,000 G equipment additional construction works on June 26, 2015, as of July 8, 2015, 19,167,167,500, 500, such as Hheheat and water tank, etc., and the water tank construction works on July 14, 2015.

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