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(영문) 서울서부지방법원 2018.02.21 2016가합36713
잔금 등 이행청구의 소
Text

1. At the same time, the Defendant received electronic display boards from the Plaintiff, and at the same time, KRW 204,007,898 from the Plaintiff.

Reasons

Facts of recognition

A. The Plaintiff is a company with the purpose of manufacturing and selling electronic displays.

The defendant promoted the construction project of Hhop hotel in Vietnam as a company with the aim of civil engineering, construction work, real estate leasing, sale, etc.

B. On January 5, 2011, the Plaintiff, the Defendant, and the Hian hotel corporation: (a) supplied and installed an electronic sign board in a double-face outdoor form to the Hian hotel (hereinafter “instant two-round electronic sign board”) by March 15, 201; and (b) the contract amount refers to USD 610,000 ($ 610).

In order to determine won as KRW 700,000 in won, "Out Full Cloor LED Electronic sign board supply, installation and construction, and trial operation contract" was concluded.

On February 9, 2011, the Plaintiff, the Defendant, and the Hadar Hotel Inc. entered into an additional contract to increase the contract amount of KRW 21,000,000, while maintaining the validity of the above contract.

(hereinafter collectively referred to as “instant contract”). On January 5, 201, the main contents of the instant contract are as follows:

1. Title of contract: Full COELR LED for the outdoor use of a hybrid hotel in the summer, SYTSM supply, installation, and trial operation of electronic display boards;

3. Period of production and payment: including Defendant Hanop Rod's hotel corporation on March 15, 201:

The same shall apply to the contract of this case except for the portion of exercise of rights.

B Before loading equipment, the Plaintiff and the Plaintiff may adjust the payment schedule through mutual consultation.

A person shall be appointed.

4. Contract amount: USD 610,000 or USD 700,000 (Customs duties, transportation expenses in Vietnam, and additional taxes shall be borne by the defendant when a subsequent occurrence occurs).

6. An advance payment (not to claim additional costs in total other than the total contract amount) 1: 50% of the contract amount (payment after receipt of a contract performance bond and receipt of an advance payment performance bond): The intermediate payment of 2) the intermediate payment: 3 balance payment of 40% of the contract amount within seven days after the arrival of the equipment site: The Defendant, after installation of the Plaintiff’s written undertaking for the inspection of trial operation, shall remain after receipt of the Plaintiff’s written undertaking.

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