채무부존재확인 등
1. The agreement between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on November 11, 2013 verifying new technology and November 11, 2013.
1. Basic facts
A. The Defendant is a corporation whose purpose is to conduct construction waste interim disposal business, and the Plaintiff is to provide new technology certification services and machinery manufacturing and sales business related to waste disposal.
B. On November 11, 2013, the Defendant concluded an agreement with the Plaintiff on verifying the certification of new technology of C apparatus (hereinafter “instant agreement”) and an agreement with the Plaintiff to purchase brush installed in a concrete stuffing device (hereinafter “instant purchase agreement”) respectively.
The contents of the instant agreement and the purchase agreement relating to the instant case are as follows.
Article 3 [Patent and New Technology] of the instant Agreement> <1> New Technology Certification Verification is to proceed with by “B (Plaintiff, hereinafter “Plaintiff”)”, and “A (Defendant, hereinafter “Defendant”)” (hereinafter “Defendant”) shall cooperate to the maximum extent possible in the Plaintiff’s process of verifying new technology.
② The Defendant’s expenses incurred in verifying new technology shall be paid to the Plaintiff the E-O million won (25,00,000,000 won, and VAT separate), and the Plaintiff shall bear the remainder of the expenses and proceed with the verification of new technology.
(Provided, That the test report, etc. of an officially recognized institution shall be conducted by the defendant at a full cost. (3) The plaintiff shall make his best effort to verify new technology for the purpose of efficient and prompt acquisition.
(4) A new technology certification shall make every effort to achieve acquisition before May 30, 2014 after a contract is made.
⑤ The Plaintiff shall pay 50% of the amount paid to the Defendant at the time of non-acquisition of new technology certification.
Article 4 [Methods of Price Payment] The defendant shall pay to the plaintiff.
(1) Contract deposit: (2) On October 10, 2012, the intermediate payment made on October 10, 2012, with a daily payment of KRW 10 million (excluding KRW 10,000,000, KRW 5,000, KRW 500,000) and KRW 5AT separately): The cash payment within 10 days after the contract is concluded. (3) The balance shall be paid within 3 days after the completion of the certification verification examination. < Amended by Presidential Decree No. 24277, Oct. 1, 2012>