logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.31 2015가단20995
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 34,815,172 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from December 21, 2017 to May 31, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The pertinent Plaintiff is a person engaged in the business of manufacturing precision machinery with the trade name of C, and the Defendant, as an agricultural company that manufactures, distributes, and sells Bouri Feed, has a Bouri feed and food processing facility plant (hereinafter “Defendant factory”) on the fourth and fourth parcels of land Kim Jong-si.

B. The Defendant’s equipment production and installation contract 1) between the Plaintiff and the Defendant on June 2, 2014, refers to the entire equipment for the production and sale of the feed that the Plaintiff acquired through the process of cooking in the Defendant factory (a total equipment for the production and sale of the feed acquired through the process of cooking).

The contract was concluded for the construction works to be produced and installed. The main contents of the contract were as follows. The construction work name: “construction work amount: 203,703,600 won: the construction work amount: June 2, 2014 to August 31, 2014: Article 2 of the construction work schedule: All equipment and materials and transportation used for the construction work are “B” (Plaintiff).

) This is responsible. Article 3: “B” means the Defendant for a trial run after completion of the construction work.

(ii)A trial operation shall be conducted in the presence of the designated person so designated, and a repair or alteration shall be made without delay if the result of the trial operation is abnormal, and a compensation shall be made in proportion to the delay in “B”. Article 4 of the “B” guarantees that the facilities constructed after the completion of the trial operation are damaged by “B” for 12 months, and the warranty period shall be repaired or remodeled at the time of the occurrence of the warranty period. However, the Plaintiff and the Defendant shall not be liable for the occurrence of the warranty period. (ii) On July 16, 2014, the construction contract amount was increased to KRW 242,773,960 (including value-added tax) and the construction period was extended by October 15, 2014.

The term "facility contract of this case" and "facilities of this case" or "facilities of this case" are not distinguished from all or specific facilities produced and installed accordingly.

arrow