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(영문) 수원지방법원안양지원 2015.04.10 2012가단31398

채무부존재확인

Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 11,450,000 and the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On September 2, 2010, the Plaintiff entered into a supply contract with the Defendant to deliver 800 tons of a stable test machine (hereinafter “instant machine”) to the Defendant (hereinafter “instant contract”). The main content of the instant contract is as follows.

Defendant B: Plaintiff B: Article 2 (Contract Amount): daily KRW 105,750,000 (Won 105,750,000) and Article 4 (Payment Period) separate from value-added tax

1. B shall manufacture in accordance with all the matters indicated in a letter of purchase, a letter of request, etc. and complete delivery by November 25, 2010;

2. The time of completing the trial operation shall be the time of payment for the facilities of installation and assembly.

Article 8 (Methods of Price Payment)

1. A and B shall pay 30% of the down payment, 20% of the intermediate payment, and 50% of the balance in consultation with each other. In this case, B shall submit to A the certificate corresponding to Article 10 corresponding to the contract amount.

Article 12 (Guarantee of Defects)

1.B shall deposit 10% of the contract amount with the warranty bond for the warranty of defects in cash or with the following certificates to A during the warranty period:

(1) a letter of guarantee issued by the Construction Mutual Aid Association or the Electrical Construction Mutual Aid Association (2) a guarantee insurance policy of a financial institution 3) a guarantee certificate of the Credit Guarantee Fund.

2. The warranty period shall be 12 months after the delivery of goods, and where any defect occurs, the warranty period shall be immediately repaired or replaced at the expense and responsibility of subparagraph B;

Provided, That this shall not apply to interior parts, expendable goods, etc. due to the characteristics of the goods, and the period of warranty for defects shall be re-calculated from the date the defect repair is completed.

3. If the agreed date of repair has not been paid, A shall be notified in writing or by telegraph to B, and the remuneration may be commenced.

At this time, the expenses required may be covered by the security deposit for defects, and where the required expenses exceed the security deposit for defects, the Party A may request the excess amount to Party B.

B. The Plaintiff’s instant machinery around December 28, 2010 to the Defendant.