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(영문) 인천지방법원 2020.01.17 2019가합186

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b) select the terms and conditions that “B” has determined to be reasonable from among the methods or sirens or the full payment of machinery manufacturing costs, and the selected terms and conditions shall be mutually satisfactory and satisily adjusted and, at the same time, modified and supplemented so as not to cause damage to one of the parties, and shall be determined by mutual agreement on the amended terms and conditions.

Provided, That the final decision shall be made by May 20, 2014, and the decision shall be made in writing and signed within May 26, 2014.

Provided, That a schedule may be adjusted by agreement.

5-2. In Section 5-1 above, in the case of sirens, the expenses of sirens will be paid in 20,000 on the first day of each month.

Provided, That the beginning date of the payment of expenses shall apply from the first due date after the completion of the trial operation, and the same amount shall apply regardless of the amount of production.

5-3. In Section 5-2 of this Agreement, sirens expenses will be paid at the same level as US$5,400,000 for the closure cost after the lapse of 18 months on the basis of Section 5.5-2 above.

5-4 In respect of this Agreement 5-1. In the event of the full payment of the costs of the instant machinery, 85% prior to it shall be paid and the remaining 15% shall be settled within 10 days after its establishment in the United States local area.

At this time, transportation costs and UN travel expenses shall be paid when a business trip is made in the United States (C).

B. The Defendant’s “Guarantee and Fee Agreement” was prepared, while the instant machinery was shocked to BOTL CAP (FLAVP). The Defendant, who had part of the share in the right to the instant BOTL CAP before the instant contract was concluded, consulted with the Plaintiff on behalf of C before the instant contract was concluded with the Plaintiff on June 4, 2014, prepared a document stating “Guarantee and Fee Agreement,” which contains the content that the FF, which is the Defendant and the Defendant’s representative director, jointly and severally and severally guaranteed the construction cost of the instant machinery, and prepared a document stating “Guarantee and Fee Agreement,” which contains the content that the FF, which is the Defendant and the Defendant’s representative director, and the Defendant in the guarantor column of the said contract.