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(영문) 서울중앙지방법원 2020.09.09 2020가합503062
공사대금
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 48,510,000 to the Plaintiff (Counterclaim Defendant) and the amount from August 1, 2019 to November 8, 2019.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff is a company established for the purpose of spreading, manufacturing, wholesale, export and import, and engineering of facilities, and the Defendant is a company established for the purpose of manufacturing and selling various plant facilities.

B. On March 13, 2019, the Plaintiff: (a) provided a written statement of technical specifications and estimates for a food-wave intermediary with respect to the construction of a food-wave intermediary (hereinafter “instant construction”) at the E-power plant located in Sejong-si (hereinafter “instant power plant”) owned by C Co., Ltd. (hereinafter “C”); (b) the Plaintiff provided the Defendant with the construction of a food-wave intermediary (hereinafter “instant construction”).

C. On May 13, 2019, the Defendant ordered the instant construction project to the Plaintiff with the following content:

(hereinafter referred to as the “instant contract”). Construction details (hereinafter referred to as the “instant contract”). ① Installation of HRN (BL2OT MUTING removal and new installation) ② Installation of a boiler shotle and HRN <3> Installation of an AIR pipeline (Installation and TIE-IN in a quotation) ④ Electrical Construction (PLC. TOUCHS SREEN. SOLV/V cable construction (PLC)

2. Extraordinary Matters - The order amount including the conduct of pre-work and the observance/visual driving: 63,000,000 won (excluding value-added tax): the last payment date on June 3, 2019: the inspection method: the comparison of the change in the second temperature REND (round 20 days after normal driving) of boiler after trial operation - the payment conditions for the down payment: 30% advance: 70% after the examination of performance conditions after trial.

D. On May 16, 2019, the Defendant concluded a service contract with C to manage the power plant of this case upon entrustment.

E. On June 3, 2019, the Defendant paid the Plaintiff a down payment of KRW 20,790,000 under the instant contract (including value-added tax).

F. On June 6, 2019, the Plaintiff completed the instant construction, and on June 11, 2019 and on June 13, 2019, conducted an inspection of the food sprinking machine installed at the instant power plant, and subsequently replaced the defective sprink-V and changed the time from 60 minutes to 10 minutes to 10 minutes.

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