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(영문) 서울고등법원 2018.06.21 2016나2066873
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The status of the parties is the operator of the business entity called "C" that sells and installs control and measurement programs, and D Co., Ltd. (hereinafter "D") is a company established for the purpose of the installation of an electronic warning and wholesale business in which E, the husband of the plaintiff, serves as the representative director, and the defendant is an information and communications construction company.

B. On October 10, 2014, the Defendant entered into a contract and a subcontract (hereinafter “instant construction”) with F pursuant to the “G contract” (hereinafter “instant construction”) from the F on the part of October 10, 2014 (hereinafter “instant construction”).

1. Contract amount: 585,000,000 won (including value-added tax)

2. The name and quantity of goods: 11 items (a detailed statement of supply of luminous nets attached thereto) including luminous reduction machines.

3. Establishment: The Plaintiff and D shall establish a optical wave system in a special area so as to satisfy the requirements for the reduction of the conditions of the special contract, v 2.1 and the reduction of the branch offices presented by the Supplier, and the Defendant shall cooperate and manage with the demand source for the smooth implementation thereof.

Provided, That where air is delayed due to the plaintiff's reasons, the plaintiff's responsibility shall be D.

4. Contract term: The phrase “2012” as stated in the contract on 2014 is apparent that it is a clerical error in the “2014” and thus is modified accordingly.

10. From October 1 to December 26, 2014 (if necessary, the extension below mutual agreement):

5. Terms and conditions of delivery and payment: The defendant shall pay the advance payment of KRW 30 million within one day after entering into a contract;

(No later than three days after the contract is concluded, the Plaintiff will deliver to the Defendant the entire quantity of 4 items and 500 meters of 1 item among the supply quantity specifications.

When delivery is made, the defendant or the person related to the supplier shall issue a certificate of supply (or certificate of acceptance) and pay the price to the plaintiff within one week.

In order to supply additional quantity within one month after the contract and pay the price, the defendant shall arrange for active cooperation with the supplier.

The defendant shall pay to the plaintiff additional advance payment of KRW 70 million within 45 days after the contract is concluded.

at the time of completion; or

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