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(영문) 서울고등법원 2018.01.19 2016노3974
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment of the court below 1 and 2 [the forgery of private documents under the name of the defendant H in the judgment of the court of first instance and the uttering of the above investigation documents.

Reasons

(a)be paid later by L/C;

(c)

Payment of the cost of goods for installation and for exhibition: 20% (US$ 7,165,00) out of the cost of goods shall be paid after completion of installation and for trial operation.

(d)

Local construction cost: 75% (US$ 5,754,00) of the local construction cost shall be paid in monthly account transfers (the bank account designated by the contracting party) or cash (the check) according to the progress rate approved by the Supervisory Commission.

20% of the local work cost (US$ 1,534,00) shall be paid by means of account transfer, cash (or check) after completion of a trial.

(e) Reservation: 5% (US$ 2,175,00) of the contract amount (price 2,175,00) shall be reserved for payment for a period of one year.

The reservation amount shall be paid by L/C at the presentation of a bank guarantee for the reservation amount within seven days.

*The cost of goods: the cost required for the completion of this construction, including theO, transformer, heavy oil purification apparatus, price of control system, and delivery cost in inland and ocean, insurance premium, supplied by DR.

** Local construction cost means the construction cost incurred in local construction activities except for the goods supplied in DR for the completion of the development period.

*** Payment to the contractor: Payment to the contractor under the present contract for the intermediate payment, the basis price for the progress and the reservation price under the present contract must be requested to the Director-General of the Development and Supply Department FH and, at that time, shall be paid to the contractor (B) within seven days.

② On the other hand, B, at the end of October, 2007, entered a modified contract to delete the time of completion of the existing construction work (US$ 2,175,000), and on the date of its preparation, on August 2, 2007, entered on August 2, 2007, 95% ($ 41,320,00) after the completion of the O construction work and the completion of the trial operation ($ 41,320,000).

B) Contract B between B and DDR is subject to DDR on March 14, 2007;

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