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(영문) 서울중앙지방법원 2015.04.22 2013가합564151

양수금 등 청구의 소

Text

1. The Plaintiff:

A. The Defendants jointly share KRW 110,000,000 as well as Defendant corporation’s diskettes on September 2, 2012.

Reasons

1. Basic facts

A. On April 5, 2012, the Plaintiff entered into a contract for the purchase of machinery and equipment between Defendant diskettes and Co., Ltd. (1) (hereinafter “Co- disease”)

() On August 17, 2012, the contract amount was KRW 4.677 billion for the Geumto Construction Co., Ltd. and the period of construction was determined as the end of August 17, 2012, and the construction was awarded a contract for the construction of a stePC plant in Mubden (EPC method) for the construction of a stever plant in Young-si 3 Agricultural and Industrial Complex. (2) After that, the disease was to be supplied with electric steves necessary for the operation of the above stebden stever plant from the Defendant’s pocket, and entered into a contract for the purchase of machinery (hereinafter “instant contract”) on June 18, 2012 with the Defendant’s Ptek with the following contents:

The name of the construction project: The name of the contract for the new construction of the construction project for the construction project: 275,00,000 won for the supply price for the electric scambden: 275,00,000 won for the supply price for the electric scambden (i.e., value-added tax of KRW 250,000 + value-added tax of KRW 25,000,000 for the supply price): 10% for the contract amount from the contract date to the delivery date, and on July 20, 2012: 40% for the advance payment and guarantee contract amount (10% for the payment, 30 days from the delivery date, and 30% for the delay from the delivery date): 3/1,000 for the contract amount (amount of contract 】 Number of days elapsed 】 40% for the contract amount after the conclusion of the contract and the receipt of the advance payment request : 40% for the supply of the intermediate and the payment, 40% for the final payment date (B.

Contract documents: Contract documents: the specifications attached to the general conditions of contract, special specifications and mutually agreed defendant's diskettes / proposal details, other specifications and related minutes of production [general conditions of contract] Article 3 (Contract Bond) (1) Except as otherwise provided, the contract bond stipulated in this contract shall be listed in cash or in the following: