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(영문) 서울고등법원 2018.02.05 2017나2029840

물품대금

Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells food processing machinery, and the Defendant is a company that manufactures, processes and sells food.

B. On August 29, 2013, the Defendant entered into a contract with the Plaintiff under which the Plaintiff would be supplied or installed with the producer of the ice in the factory located in R R, an official city with loans from the Small and Medium Business Corporation in order to install a producer of ice and other products to manufacture and sell ice with the main ingredient of rice and containing nights (hereinafter “instant contract”).

The main contents of the contract are as follows, and the plaintiff guaranteed two tons of production per day at the time of submitting a written estimate to the defendant.

Main contents of the contract

1. Contract items and amount (including value added tax on all the items);

2. The effect of this contract is 120 days after the order of Article 2(Products) of the Terms and Conditions of the contract is the date of deposit of the down payment, and it is cash settlement terms. ① 30% of the down payment (time of the contract) ② the intermediate payment of 40% (time of delivery) ③ the remainder of 30% (time of delivery) costs of UTSITY as follows, other than the basic specifications of the goods under Article 5(Terms and Conditions of Installation) of the Terms and Conditions of the contract, the Defendant bears the burden. The Defendant bears the burden of the supply of electric power supply necessary for the installation and operation of the equipment, ducts equipment, gas equipment, and other UTSITITY equipment. ① The Defendant supplies the test materials necessary for the operation of the equipment.

(2) The defendant shall actively participate in the trial operation, tallying, confirmation, and equipment itself to install and operate equipment to ensure that there is no problem in the operation, and the plaintiff shall educate the person in charge of equipment designated by the defendant to take care of the operating method and cautions.

Article 7 (Period of Defect Guarantee) The period of warranty shall be one year.

(1) Guarantee shall be given in all cases other than damage due to natural disasters, damage to consumers by negligence of use, damage by negligence of power supply, and replacement of expendable parts.