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(영문) 수원지방법원 2019.11.22 2019나51017
용역비등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the business of manufacturing industrial automation equipment parts under the trade name of “C”, and the Defendant is a company with the purpose of semiconductor equipment wholesale and retail business, etc.

1. Construction name: Transfer and re-transfer of equipment in D (Mining), FAB, CHIPs;

2. The construction site: D.

3. Period: From February 24, 2016 to March 8, 2016, the total amount: 165 million won (including value-added tax).

5. The rate of warranty bond: 10% of the value of supply (Attachment of warranty bond) - Terms and conditions of a contract - Article 2 (Executor of Work) (1) B shall transfer equipment according to the terms and conditions of this contract, D disaster prevention, transfer manuals for environmental safety equipment, site descriptions, etc.

(2) A (Plaintiff) shall submit to A (Defendant) a plan to transfer equipment and a plan to rearrange equipment, as soon as the contract is concluded.

Article 3 (Adjustment with Related Works) (1) In order to facilitate the smooth completion of the equipment transfer work, B shall coordinate with D related to this work.

(2) B shall complete the transfer of equipment with D disaster prevention and close contact and cooperation with a person in charge of environmental safety at the transfer of related equipment.

Article 14 (Completion of Work for Transfer and Relocation) (1) Upon completion of the work for transfer and rearrangement of equipment, the plaintiff (the plaintiff) shall notify Gap (the defendant) thereof, and the Gap (the defendant) in receipt of the notification shall complete the inspection within seven days unless any special reason exists to the contrary.

(2) Where any objection is raised against D in the course of transferring equipment, B shall be notified to A and he/she shall comply therewith.

Article 15 (Payment of Price) (1) A may request A to pay work costs after the completion of the work to transfer and rearrange equipment.

(2) When three matters are met in relation to a claim by a plaintiff Eul, the defendant Gap shall pay the transfer and rearrangement cost of equipment to the plaintiff Eul.

The quantity and quantity of equipment taken out of the Gwangju Factory and equipment stored in the defendant Dong Factory, which have no objection to the existence of a person in charge of the business to be established in the field.

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