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(영문) 인천지방법원 2016.01.21 2015가단213444
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 138,562,50 to the Plaintiff (Counterclaim Defendant) and its related amount from April 14, 2015 to January 21, 2016.

Reasons

1. The following facts in common with the principal lawsuit and the counterclaim are not disputed between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole in each entry in Gap evidence 1-1, 2, and 5 (including the branch numbers, if any).

The plaintiff is a corporation with the purpose of manufacturing construction, etc. by incineration, and the defendant is a corporation with the purpose of manufacturing new and renewable energy facilities.

B. On September 23, 2013, the Plaintiff entered into a contract for construction works with the Defendant to design, manufacture multiple 15 ton troke type design, and to establish it at the C site located in Chungcheongnamcheon-gun, Chungcheongnam-gun (including value-added tax, 30 to intermediate payment, 40 to 30% of the remainder after the completion of installation and trial operation), and the contract for construction work between the Plaintiff and the Defendant was concluded between September 30, 2013 to November 30, 2013. However, upon paying the down payment to the Defendant on October 8, 2013, the Plaintiff’s order for construction and the commencement of construction was delayed, and the intermediate payment to be paid after arrival of the material was made to the Plaintiff and the Defendant for 20 to 30% of the total construction cost was delayed, and the construction work price was modified to 30% of the total construction cost was changed to 30% of the total construction cost and 40% of the total construction cost.

3) On April 24, 2014, the Plaintiff produced the instant multiple flag and established it at the site of C&A located in Jincheon-gun, Chungcheongnamcheon-gun. From the following day to the 30th day of the same month, D’s officers and employees, the Defendant, and the Plaintiff’s technical personnel participated in the trial and jointly carried out the trial run the trial. As from May 18, 2014, multiple types of working hours are normally run from May 18, 2014. (4) The Defendant paid the Plaintiff construction cost of KRW 183,565,000, out of the construction cost of KRW 337,500,

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