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(영문) 서울고등법원 2016.01.27 2015나2028485

공사대금

Text

1. The following amounts, among the parts concerning the principal lawsuit of the judgment of the court of first instance, shall be payable:

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of painting and painting equipment business, and the defendant A is a person who has a place of business in Vietnam with the trade name of "C," and is engaged in Handphone painting business, and the defendant B is the wife of the defendant A.

B. On February 21, 2014, the Plaintiff entered into a contract with Defendant A to supply goods to install a painting facility (hereinafter “instant facility”) at the place designated by the said Defendant (hereinafter “instant contract”) and its main contents are as follows.

Article 1: The description of goods and amount under a contract: AUTS SPRAY LINE size and quantity: 3SET, robots (1 axis), 5SET, 1SET for dry construction, 320,000 won: 320,000,000 won for payment: 320,000,000 won for intermediate payment on February 21, 2014: The remainder payment of KRW 96,00,000 on March 10, 2014 (30%) between 10 and 96,000,000,000 won (30%) for total: 320,000,000 won for cash delivery (special payment: 30,000,000 won): The date of delivery shall be 30,000 won for the Plaintiff (30:0,000 won): The date of delivery shall be 30,000 won for cash delivery.

(2) On March 31, 2014: At the designated place (as Defendant A) of the place of delivery (in Vietnam), Article 5 (Inspection) A may conduct interim inspections of the manufacture, installation, or installation of this product. (2) After the completion of the supply or installation, as a result of an examination by the production drawings, A may request revision to B and B shall have the obligation to faithfully supplement them.

Article 7:To request Gap to conduct a trial run in writing or orally after the completion of production, and Gap shall provide the cooperation necessary for the trial run, such as electrical construction.

C. Defendant A fails to comply with the method of payment as stipulated in the instant contract, and as regards the sum of KRW 200,000,000,000 on March 8, 2014; KRW 200,000 on April 16, 2014; KRW 30,000,000 on April 27, 2014; KRW 30,000 on August 30, 200,000 on May 2, 2014; and KRW 200,000,000 on May 2, 2014.