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(영문) 서울중앙지방법원 2016.11.24 2016가단5023734
양수금
Text

1. The plaintiff's main claim is dismissed.

2. Defendant Ebiopia Co., Ltd. amounting to KRW 82,558,800 and KRW 800.

Reasons

1. Facts of recognition;

A. Contract and subcontract execution 1) Nonparty Incorporated Incorporated Co., Ltd. (hereinafter “Nonindicted Company”)

(2) On August 29, 2011, Defendant Ecode “the instant construction work” refers to “the construction work for the treatment of excreta” (hereinafter “instant construction work”).

(i) 297 million won (including value added tax; hereinafter the same shall apply) for the purchase price of 200 million won;

(3) On September 10, 201, Defendant Epia contracted to Defendant Epia, and again, Defendant Epia Co., Ltd. (hereinafter “Defendant Epia”).

(2) Under the above contract, the non-party company agreed to pay the advance payment of KRW 30% (89.1 million) of the construction price of this case to Defendant Ecode at the time of commencement, the intermediate payment of KRW 40% (11.188 million) of the construction price of this case at the time of commencement, and the balance of KRW 30% (89.1 million) of the construction price at the time of commencement, and the balance of KRW 30% (89.1 million) at the time of completion and treatment within the water-quality standards recognized by the public authorities, respectively.

3) The above subcontract includes the following. 5. Resupply is made until the failure of quality inspection:

2) Product delivery means the ordering places (other companies; hereinafter the same shall apply).

1) The criteria for the completion of tallying on the part of Defendant A and “Defendant A” (Defendant Ecoman) are as follows: 8. 1) The tallying criteria of the ordering agency shall be followed.

9. The payment method 1) is based on the period of the ordering person’s payment. The payment rate is 40% in advance, 40% in advance, 40% in completion of construction work, and 20% in advance after the trial run (performance guarantee). (B) Around September 2, 2011, Nonparty Co. paid KRW 89.1 million in the instant construction cost to Defendant Co., Ltd., and around that time, Defendant Co., Ltd paid KRW 94.6 million in advance of the subcontract price to Defendant E Co., Ltd.

2. thereafter.

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