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(영문) 수원지방법원 2017.08.11 2016가합73302

기계대금반환 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of manufacturing and selling landfill garbage screening machinery, and the Defendant is a juristic person established for the purpose of manufacturing business of plastic automated components, etc., and the Copi global corporation is a juristic person awarded a contract for the construction work of the Bapoto Environmental Energy Center (hereinafter “construction work of the instant center”).

B. On February 29, 2012, the Plaintiff entered into a construction contract with the Defendant to manufacture and supply the luminous screening machine and connecting equipment (hereinafter “instant machinery”) at KRW 270,66,000 for the purpose of delivering the luminous screening machine at the construction site of the instant center (hereinafter “instant contract”) as follows (hereinafter “instant contract”). The Plaintiff’s contract concluded with the Defendant for the construction of the luminous screening machine and connecting equipment (hereinafter “instant equipment”). In order to compare the following construction contract with the “contract after the instant revision” as seen earlier, the Plaintiff entered into the instant contract with the Plaintiff for the purpose of comparing the “contract after the instant revision”).

Construction Contract

1. Contract number - Contract number: FOR-201- - Contract period: 3/1,000 of the contract amount - Other than the construction project of the Environmental Energy Center (T/K) / Contract amount - The contract amount: The e,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,000 l,60 l,000 l,000 l,000 l,000 l,000 l, l,000 - Construction period from August 19, 201 to June 8, 2012;

3. Payment of the price - When a contract is concluded: 90% after the installation of materials, 10% at the time of the completion of trial operation and the submission of defective securities (in accordance with the law and terms of payment for the settlement of the party affairs);

C. On April 30, 2012, the Defendant completed the manufacturing of the instant machinery and installed the instant machinery at the construction site on June 12, 2012.

The plaintiff and the defendant installed the machinery of this case, and thereafter the contract price of this case is 256.