채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 16, 201, the Plaintiff and the Defendant entered into the instant contract with the Defendant on the content that the Plaintiff supplied and installed the operating equipment of the DID system (hereinafter “instant equipment”) to the Plaintiff as a written specialized price in the Busan metropolitan area.
The main contents are as follows:
Article 2 (Contract Amount): 214,000,000 won)
1. A supply list: The Plaintiff shall complete the supply and installation of the goods at a designated place of the Defendant’s designation by December 20, 201, by reference to the written estimate (the details of written estimates omitted).
(C) Article 5 (Tests and Inspections)
1. The plaintiff must conduct a test for three days from the payment period prescribed in Article 4, and undergo a test and examination process from the defendant for this period, and the time when the decision of failure is made must undergo a re-examination immediately after the correction is made at the request of the defendant.
Article 6 (Terms and Conditions of Repayment)
1. The defendant shall pay 10% of the contract amount to the plaintiff in cash within five days after the contract is concluded.
2. After the implementation of demonstration services, the Defendant shall pay 70% of the intermediate payment to the Plaintiff in accordance with the payment terms of the original office after the receipt of intermediate payment from the ALTO.
3. After the completion of the examination, the Defendant shall pay the remainder 20% to the Plaintiff in accordance with the payment terms of the original office after the receipt of the balance from the ALTO.
Article 7 (Performance Bond for Advance Payment)
1. The Plaintiff shall submit to the Defendant an advance payment guarantee certificate or a payment performance guarantee certificate or an information and communications mutual aid association to the amount corresponding to the pertinent amount prior to receipt from the Defendant (including VAT).
Article 12 (Defect Guarantee and Performance Guarantee)
1. The performance of the products supplied by the Plaintiff should be guaranteed for a period of 36 months after normal operation.
2. The plaintiff must check and repair within 24 hours when the defendant's failure is notified.
3. If the defendant does not pay within forty-eight hours, he may request a third party to do so, and the expenses shall be incurred.