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(영문) 수원지방법원 2020.10.15 2020나61294

약정금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation whose purpose is to analyze water quality and manufacture echemical devices and wholesale business, etc., and the Defendant is a corporation with the purpose of testing equipment and appliances, experimental expendable products, manufacture of raw materials, wholesale, and research and development business, etc.

B. On June 1, 2017, the Defendant entered into a contract with C University Industry Cooperation Foundation (hereinafter “ Industry-Academic Cooperation Foundation”) under which the water quality monitoring system (DO, PH, and Temp monitoring system (hereinafter “instant system”) was designated as a service company that produces and installs the instant system in proportion to the number of fish farms of D Co., Ltd. (hereinafter “D”) located in Incheon Strengthening-gun (hereinafter “D”), and on June 8, 2017, the Defendant supplied the equipment necessary for the installation of the instant system and received KRW 87,50,000 (including value-added tax) in return for the production and installation of the instant system to conform to D’s fish farms.

The main contents of the instant prior contract are as follows.

A refers to an industry-academic cooperation foundation, and a defendant Eul.

Title of Contract: Article 3 (Contract Period and Delivery Date) of General Provisions of 87,500,000 won (including Value-Added Tax): Water Quality (Do, Ph, Temp) Monitoring System

1. The contract term of the Project shall be within one month from the contract date.

2. The delivery date of the Project shall not exceed June 20, 2017.

3. The time of completion of the project shall be the date of completion of the manufacture, installation and execution of goods as specified in the project specifications, and the approval shall be completed within two weeks from the date of completion of the final inspection by A.

Article 11 (Deposit for Repair of Defects)

1. Eul shall pay an amount equivalent to 3/100 of the price as a security deposit for defect repair before the payment of the balance is made in cash or in the guaranty insurance policy, etc.;

Article 12 (Scope of Business)

1. The scope of the project shall include H/W composition, installation of equipment, etc. for the production and installation of a water quality monitoring system.