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(영문) 창원지방법원 2016.11.10 2015가합32813

전부금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 2014, the Defendant entered into a contract with Samsung C&T Co., Ltd. to supply a waste heat recovery boiler, which is provided to the construction project for a thermal power plant construction project.

B. On July 11, 2014, the Defendant: (a) made six pipes, which are part of the process of manufacturing the waste heat recovery boiler manufacturing process, from January 28, 2015 to May 30, 2015 (the delivery date: the delivery date: the above pipes 11, 12, 21, 22, 32, March 30, 2015; (b) concluded a separate contract with the said pipes 11, 31, 32, and 32, and (c) supplied goods under each of the instant items (hereinafter referred to as “goods of subparagraphs 11 through 32,” and supplied goods under each of the instant items (hereinafter referred to as “the instant contract”).

C. The Plaintiff supplied industrial machinery, parts and products, etc. to the Defendant of the Geumsan-si with the claim amounting to KRW 278,632,089 based on the goods-price claim against the Geumsan-si, and provisionally attached the claim amount for the goods-price to be paid in return ( Changwon District Court 2015Kadan507, hereinafter “the provisional attachment decision of this case”), and the provisional attachment decision was served on March 6, 2015 to the Defendant.

On February 24, 2015, the Plaintiff filed an application for a payment order with the Changwon District Court, Kim Jong-si, 2015 tea354, and the said court issued a payment order to the Plaintiff for the amount of KRW 1,157,264,179, and the damages for delay calculated at the rate of 20% per annum from the day following the day of service of the original copy of the payment order to the day of complete payment. The said payment order was served on the Geumsan machine on February 27, 2015, and was finalized on March 14, 2015.

E. The plaintiff is the executive title of the above payment order, and the defendant is supplied with industrial machinery, parts, and products to the gold season.