beta
(영문) 수원지방법원 평택지원 2017.02.15 2016가합792

물품대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim defendant)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

The main lawsuit and counterclaim shall be examined together.

Basic Facts

The plaintiff is an individual entrepreneur who is engaged in industrial machinery manufacturing, waste recycling plant business, etc. in the trade name of "B at Silung City", and the defendant is a corporation that operates machinery and equipment trade business, meal service entrustment, agency business, etc.

On July 5, 2012, the Defendant entered into a contract for the supply of manufacturing facilities between the Plaintiff and the Defendant, and the Defendant entered into a contract for the supply of manufacturing facilities with respect to the equipment for the recycling machinery of disease and disease to be exported to Uzbekistan as follows:

[The contract of this case was reduced to KRW 1,812,025,00 (excluding value-added tax); hereinafter “instant supply contract”). At the time, a written estimate drawn up and delivered by the Plaintiff to the Defendant is indicated as follows: (a) 4 tons per hour of the instant equipment for pre-treatment of PET; (b) 2 tons per hour of the instant equipment for PEN crushing; and (c) PENW equipment for each production of 2 tons per hour.

The plaintiff and the defendant enter into a contract for the supply of manufacturing facilities as specified in the following subparagraphs:

Article 2 (Scope of Contracts and Delivery Date)

1. Price and kind of the manufacturing machinery and equipment - 619,200,000 won - PET crushing equipment (it shall be 2 tons per hour): 175,700,000 won - 747,675,000 won - 8,500,000 won - Spanish season equipment - 174,40,000 won - 174,40,000 won: 1,742,475,000 won (it shall be excluded from packing expenses, personnel expenses);

2. Date of delivery: The date of delivery shall be the date of delivery, and seventy days from the date of contract;

(85 days may be used for compressing machines entering a short-term processing facility)

3. Period of establishment: 20 days (including the period of test run).

4. When the specifications change occurs after the launch of machinery: The plaintiff shall complete the design approval in consultation with the plaintiff, and the plaintiff shall proceed with the approved design after checking the defendant's request.

§ 3.