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(영문) 울산지방법원 2017.05.31 2015가합23228
공사대금
Text

1. On May 17, 2016, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 180,591,730 and KRW 118,416,786 among them.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. As between the Plaintiff and the Plaintiff on July 27, 2012, the Defendant concluded a contract with the Defendant entering into a contract with the Plaintiff on the construction cost of KRW 2,310,000,000 (including value-added tax) and the construction period from July 30, 2012 to September 30, 2012, for each of the following terms:

(hereinafter “instant new construction contract”). Details of the instant new construction contract are as follows:

1. Name of construction: New construction of gold-ho factory;

2. The construction site: The construction site shall be located 992 North-dong, Ulsan Metropolitan City.

3. Date of commencement: The date scheduled for completion on July 30, 2012: the contract amount on September 30, 2012: 2,310,000,000 won (including value-added tax): 11:0.05% per day: 0.05% per day for delay of payment of consideration; 13.05% per day: 7) this contract was completed in accordance with the drawing offered at the time of site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site site

B) A contract was entered into under which each Plaintiff was awarded a contract with the construction cost of KRW 115,50,000 (including value-added tax), the construction period from September 27, 2012 to November 30, 2012, with the rate of penalty for delay 0.05% per day (hereinafter “instant construction contract”).

(C) The Defendant: (a) newly constructed construction of the instant case and the instant installation works to Jindo Co., Ltd. (hereinafter “each of the instant construction works”).

The plaintiff has been in charge of the management and supervision of the company, and accordingly, the construction schedule of each of the construction works of this case after consultation with the Jindo A. S.

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