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(영문) 수원지방법원여주지원 2017.08.30 2017가합123
이행각서금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 420,000,000 and the interest rate thereon from February 23, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 20, 2016, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) for the supply of equipment and facility works with the content that the Plaintiff was supplied to the Plaintiff at KRW 770,000,000 (including value-added tax) out of the total price. The Plaintiff paid KRW 150,000,000 as the down payment on July 25, 2016 to the Defendant A, respectively.

B. On August 8, 2016, the Plaintiff amended the contract under the foregoing paragraph with Defendant A, thereby entering into a new contract for the supply of equipment (hereinafter referred to as “instant contract”) with the content that the two of the mid-term fire fighting unit manufacturers were supplied to KRW 450,000,000 in total (excluding value-added tax). The main content is as follows. The Plaintiff paid KRW 40,000,000 to Defendant A on August 23, 2016.

Article 2 (Date of Delivery) The payment period of equipment shall be September 10, 2016, and the installation and trial operation shall be September 13, 2016.

For any reason, the payment period and the period of trial operation shall be absolutely observed, and if delay in the installation occurs, it shall be compensated at the user's request.

Article 4 (Payment of Price) The payment of KRW 170,00,000 as a down payment was made at the time of entering into a contract, and the intermediate payment of KRW 60,000,000 shall be paid by August 25, 2016, and any balance shall be paid at the time of absence of any error after the operation at the time of installation.

Article 5 (Cancellation of Contract) When the contract is terminated on the ground of the plaintiff, the down payment shall belong to the defendant A, and due to the negligence of the defendant A, the amount equivalent to twice the down payment at the time of failure and termination of the contract shall be paid to the plaintiff.

C. On December 23, 2016, the Plaintiff prepared a performance memorandum (hereinafter “instant performance memorandum”) with Defendant A. The main contents are as follows. Defendant A’s representative director jointly and severally guaranteed Defendant A’s obligation to the Plaintiff according to the performance memorandum.

this letter of conduct

1. Name of the contract: A contract for the installation of a 500HP set 2 set;

2. Guns;

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