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(영문) 인천지방법원 2018.11.15 2017나61624
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells pipes, and carries on metal processing-related business, and the Defendant is a company that carries on steel structure construction business.

2. On-site name: C.

3. Names of construction materials and goods: Safety materials;

4. Period of delivery: From January 15, 2015 to April 31, 2015;

5. Contract amount: Value-added tax of 305,50,000 won: 305,000,000 won: 30,500,000 won.

6. Supply standards: Safety Trape A-K-1

7. Conditions of supply: An on-site installation map.

8. Places of supply: Article 2 (Production of Materials, etc.) after filing an application for the settlement of quantities, when additional work outside the terms and conditions of the contract is carried out.

1. The Plaintiff shall manufacture the materials in accordance with the terms of this contract and the design plans and specifications of the materials.

3. The plaintiff produces materials according to the defendant's production instruction.

4. The plaintiff may not transfer or succeed to the rights and obligations arising under this contract to a third party without the defendant's consent.

On January 16, 2015, 2015. Trade name of the project owner: The name of the contractor whose representative director K (official seal of the representative director): L (official seal of the representative director) of the Plaintiff representative director

B. From December 2014, the Defendant was performing construction works to manufacture and install a safe guard at the site of “C” located in Changwon-si, Changwon-si. The safety guard consists of ① the safety guard part with the material of Switzerland, ② the safety pen part with steel material.

On January 16, 2015, the Defendant entered into a contract (Evidence A 1) between the Plaintiff and the Defendant to contract the Plaintiff with the construction (hereinafter “instant construction”) that produces and installs the said safety safety safety safety diagnosis as follows:

C. The Plaintiff completed the instant construction work on or after the end of May 2015, and paid the Defendant the instant construction work amount of KRW 335,500,000 on February 24, 2015, KRW 55,000,000, and KRW 225,500,000 on March 27, 2015, and KRW 115,500,000 on October 13, 2015 (= KRW 55,000,000) but did not receive the remainder of KRW 110,50,500,000 (= KRW 335,50,500,000).

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