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(영문) 수원지방법원 2019.12.05 2019나55651
물품대금
Text

The part of the judgment of the court of first instance against the plaintiff corresponding to the order to pay below shall be revoked.

(i).

Reasons

1. The basic facts of the claim (1) The plaintiff is an individual entrepreneur engaged in the business of manufacturing water and drainage systems with the trade name of "D", and the defendant is a company engaged in the business of designing, manufacturing and installing waste disposal facilities, etc., and the non-party E Co., Ltd. (hereinafter "E") is a company engaged in the business of final disposal of controlled waste

(2) On April 19, 2017, the Defendant came out from the final treatment place of the water dump waste treatment site located in Seongbuk-gu, Sungwon-si, Sungwon-si, Changwon-si.

Water. Construction for expanding (including improving the facility) disposal facilities (hereinafter “instant facility construction”).

A) A contract for construction cost of KRW 2.57 million (including value-added tax) was received for the following (from April 19, 2017 to September 30, 2017), and on May 29, 2017, for the Plaintiff, slurgs, which are equipment and materials necessary for the instant facility construction (hereinafter referred to as “the instant slurgs”).

2) The supply and installation work of this case (hereinafter referred to as “instant construction work”).

(i) 270,280,000 won (including value added tax) for the construction cost, and the delivery date (which means the entry into the site of the instant installation works);

() On August 31, 2017, the instant construction period was set and subcontracted as of September 31, 2017 (hereinafter “instant contract”).

(3) (3) At the time of the instant contract, the Plaintiff issued the performance guarantee insurance policy, the performance guarantee insurance policy, and the performance guarantee insurance policy of defect repair and decided to deliver it to the Defendant. The Plaintiff issued the performance guarantee insurance policy from the Defendant; (1) when issuing the performance guarantee insurance policy of advance payment; (2) when delivering the performance guarantee insurance policy of advance payment; and (3) upon the completion of the construction of the instant de facto repair period, the Plaintiff was paid 90% of the construction payment of the instant case in installments; and (5) KRW 2,728,000, the remainder of the construction payment of the instant case (hereinafter “the construction payment”).

The contract of this case shall be executed on each of the above dates of payment.

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