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(영문) 수원지방법원안양지원 2014.07.03 2013가합100496

물품대금

Text

1. The Plaintiff (Counterclaim Defendant) simultaneously with the delivery of movable property stated in the separate sheet from the Defendant (Counterclaim Plaintiff).

Reasons

Based on the facts, the Defendant entered into the instant contract with the Defendant, while examining a new project, was able to develop C, most of which are the main materials of solar batteries and polysolids, which are the core materials of semiconductors, and are dependent on imports. As an alternative to the existing manufacturing methods, D, as an alternative to the high volume of electric consumption and the generation of harmful gas, has to manufacture C manufacturing equipment on the basis of “H,” in which D applied for the E patent (the aforementioned patent was publicly announced through the disclosure of the F). The Plaintiff was introduced from D.

On April 16, 2012, the Plaintiff and the Defendant made a test and supplied C manufacturing equipment to the Defendant. The Defendant concluded a contract under which KRW 458,556,00 (excluding value-added tax) is paid after tallying and trial operation (hereinafter “instant contract”). D manufactures and supplies the Plaintiff’s obligation under the instant contract to the Defendant according to the method set out in this contract, and the Plaintiff manufactures and supplies the products prescribed in Article 2 to the Defendant, and the Defendant pays the price prescribed in Article 4 where the contract is fully performed after examining and trial operation of the products supplied by the Plaintiff.

Article 2. (1) Detailed specifications shall be based on specifications for the purchase of C manufacturing facilities.

② The Plaintiff agrees to deliver to the Defendant products stipulated in the contract within 75 days after the conclusion of this contract.

③ The Plaintiff shall complete the manufacture of the product by July 2, 2012 and ensure that the test is conducted at a place designated by the Defendant.

(4) The completion of the payment period shall be completed when the plaintiff has passed the result of examination by the defendant after installing a product at the place specified in Article 3.

Article 3. Place of Delivery (I), under Article 4, the payment terms of the price for the goods produced and supplied by the plaintiff, shall be 458,556,000 won (value added tax) at the place designated by the defendant (I of Young-do).

(2) Within seven days after concluding a contract, the defendant shall pay the plaintiff in cash the amount of KRW 229,278,00 (excluding value-added tax) equivalent to 50% of the price of the contracted goods.

(3)