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(영문) 대전지방법원 서산지원 2018.08.16 2017가합51305
물품대금
Text

1. The plaintiff (Counterclaim defendant) is simultaneously with the delivery of the machinery stated in the attached Form from the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company with the purpose of logistics automation and industrial robot engineering business, etc., and the Defendant is a company with the purpose of manufacturing and selling fraternity meat and meat processing food.

B. On July 25, 2014, the Defendant concluded a contract with the Plaintiff for the production and installation of a “loading automation system” (hereinafter “instant contract”) with the Plaintiff in order to automation the freezing meat packaging work that was carried out by the Defendant.

Article 1 (Subject Matter of Contract) The Plaintiff shall supply the contractual object under Article 1 by September 24, 2014, the delivery place and the delivery conditions of which are as follows: Article 2 (Contract Amount) of the 200,000,000 won daily 200,000 won (excluding value-added tax) and daily 200,000,000 won (value-added tax) of the automation system BX 20,000,000 won, and the delivery place and conditions are as follows:

1. Delivery place: inside a factory designated by the defendant;

2. Conditions of delivery: All the contract documents under Article 4 (Contract Documents) of the degree of completion of installation and operation shall be the contract documents, the drawings approved by mutual consent between the original defendant and all the documents prepared as necessary between the original defendant and the original defendant.

The value-added tax under each item of Article 5 (Prohibition of Substitute Payment) shall be 20% of the separate contract deposit: 40,000,000 - 50% of the cash payment after preparation of a contract: 100,000,000 of the cash payment - 30% of the remaining cash payment after completion of delivery: 60,000,000 won - Article 12 (Termination of Contract) of the cash payment after completion of a trial.

1. The plaintiff and the defendant are unable to terminate this contract without any special reasons, but they may cancel this contract after compensating two times the costs used for the execution of this contract and the cost of the opportunity loss.

The minimum amount of termination of the contract shall be twice the down payment, and the maximum amount shall not exceed the contract amount.

2. Where the plaintiff falls under any of the following, the defendant may unilaterally terminate the contract, and the plaintiff may not claim damages:

A contract is terminated;

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