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(영문) 서울중앙지방법원 2015.12.15 2015가합539265

보증채무금

Text

1. The Defendant’s KRW 1,815,00,000 as well as 6% per annum from November 13, 2014 to December 15, 2015 to the Plaintiff.

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], entry in Gap evidence 2 through 12, 16 (including provisional number; hereinafter the same shall apply), Eul evidence 1 through 3, and the purport of the whole pleadings;

A. 1) On January 3, 2014, the Plaintiff entered into the instant purchase contract, etc., and the Plaintiff is SHI (hereinafter “SH”).

(1) The term “SHI” and “SG HH” mean a facility that recovers heat energy from return to the poor of the HS RG Heat General Meeting during the period from January 3, 2014 to March 31, 2015, and then renders it into high pressure and high pressure steam again. A Party manufactures and sells to the Plaintiff KRW 8,250,00,000 (excluding value-added tax)” (hereinafter “the instant primary contract”).

The date, terms, conditions, etc. of payment under the instant first contract are as follows. On January 10, 2014, the payment rate of advance payment of 20% (the date of original payment) is 1,650,000,000,000 under the terms and conditions of the instant first contract is as follows: (a) after submitting advance payment securities and performance-based securities, the intermediate payment of 70% is 5,775,000,000 M/C M/C M&G establishment is completed; (b) After submitting the remainder 10% 825,000,000,000 trial completion and defect-guaranteed securities, the Plaintiff and SHI concluded a contract to attach the instant first contract to the instant second contract (hereinafter “instant second contract”); (c) on September 24, 2014, the following terms and conditions of the instant contract shall be 30% of the above intermediate payment contract, 160,000,000 won or less (hereinafter “the instant contract”).

On January 10, 2014, advance payment (20%) 1,650,000,000 after the submission of advance payment securities and performance-based securities was made on January 10, 2014, 50% of intermediate payment 4,125,000,000 M/C and 10% of the remainder after October 10, 2014, 825,000,000 M/C is submitted.