계약금반환등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts recognized;
A. On February 14, 2014, the Plaintiff and the Defendants entered into a contract for manufacturing and supply (hereinafter “instant contract”) with respect to the food waste-free waste treatment equipment (hereinafter “instant machinery”). The following are included therein:
(1) The construction period, etc. of the object of a contract under Article 1 (Article 1): From February 14, 2014 to March 31, 2014, the Defendants, as the specialized companies of the goods under this contract, shall obtain approval from the Plaintiff and manufacture and work specifications or programs proving that the goods conform to the Plaintiff’s intended use. The Defendants are entirely liable for the function and performance of the goods.
(2) Contract amount under Article 2: Contract amount under Article 4 (Separate Table of Value-Added Tax) (3): drawings, specifications and technical records approved by the plaintiff and the defendants under an agreement between the plaintiff and the defendants, and all other necessary documents.
(4) Article 5 (1) Upon entering into the instant contract, the Plaintiff pays 50% of the contract amount to the Defendants at the same time as the contract deposit.
The Defendants shall deposit the advance payment guarantee insurance policy with the Plaintiff as security against the down payment.
(5) Article 7 (1) The Defendants shall submit to the Plaintiff the design design and control circuit drawings within seven days after the conclusion of the contract and engage in production after obtaining the Plaintiff’s approval.
(2) When submitting a drawing for approval of manufacture, the Defendants shall submit a plan for design, manufacture, installation, trial operation, and other matters to be observed, as required by the Plaintiff, and consult with the Plaintiff’s technician, and submit a construction plan stating air, supply and demand plan, materials procurement, and personnel supply and demand plan to the Plaintiff before execution.
(6) Article 10 (1) The Defendants shall pay to the Plaintiff the amount equivalent to 3/1000 of the daily penalty for delay where the payment period has been delayed without justifiable grounds.
(7) section 12.