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(영문) 서울중앙지방법원 2017.05.17 2015가합22996
원상회복
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 205,00,000 as well as the full payment from October 29, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 20, 2015, the Plaintiff: (a) removed all the equipment and ancillary equipment of the COLOR COATING LINE within the reasonable factory of D Co., Ltd. (hereinafter “D”); (b) removed all parts within the factory, such as devices, voltages and electricity equipment; (c) Spain PACING; (d) dismantled and LODING; and (e) contracted construction cost to the Defendant on June 1, 2015 through September 30, 2015, with the construction cost of KRW 50,000,00,000 (excluding value-added tax); and (e) the construction period of construction from June 1, 2015 to September 30, 2015.

(hereinafter referred to as the “instant construction contract”). Contract for construction works

1. Construction name: Dismantling all the equipment and ancillary facilities of the Central and High COALOR LING LINE, machinery, oil pressure and electricity equipment, panish and electric equipment, Spanish wave and structures, etc., and carbing, inter alia, and carbing, inter alia;

2. Place: LINE in a D factory in the time of a medical examination;

3. Construction period: The details of the Defendant’s construction from June 1, 2015 to September 4, 2015: 16) other matters shall be subject to instructions following consultation with S/V, Baba and D. He/she shall thoroughly comply with D work safety management regulations in accordance with the agreement between D, the Plaintiff, and the Defendant at the time of holding kicks. He/she will implement as required by S/V, and meet all requirements;

5. Contract amount (cash): 550,000,000 won (excluding value-added tax).

6. Terms and conditions for the payment of the contract amount, and the Plaintiff’s schedule of construction (value-added tax) schedule shall pay the contract amount to the Defendant in accordance with:

1) Contract deposit (cash): 20% after the shipment of all Spanish cargo within one week after paying the down payment: 10%: 20% after the shipment of all Spanish cargo: 3) the first container after the commencement of works: 20% after the shipment of the first container: 50% after the second container: 20% after the commencement of works: 5% after the shipment of the second container: 50% after the third container within 85 days after the commencement of works: 10% after the commencement of works: 6 days after the commencement of works: 10% after the completion of works.

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