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(영문) 대구지방법원서부지원 2015.06.11 2013가단23154
소유권에기한인도청구등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 9, 2012, the Plaintiff, who is engaged in the business of manufacturing and selling the basic fact boiler and the non-party corporation, Co., Ltd., Ltd. (hereinafter “non-party corporation”), who is engaged in the business of food waste treatment facilities, etc., entered into a contract with the non-party company to receive KRW 25 million from the non-party company by making and installing one stove boiler in the price of KRW 100 million (excluding value-added tax); and the down payment of KRW 20 million in the contract with the non-party company at KRW 30,000,000,000 for the intermediate payment and the remainder payment of KRW 80,000,000,000 after three months after the completion of installation, and KRW 25,000,000 after 60,000,000 after 90.

In relation to the above contract, two contracts with different capacity and special terms and conditions of the boiler were prepared, and the parts related to this case are as follows:

(1) Construction name of contract No. 1 (Evidence. 1): Manufacturing of the Syll boiler (2TN/HR) and installing works for installing and installing the boiler (main stoves and construction scope of the boiler)

1. Major stoves (1) Main gromatic smoke-type 2TON/HR stoves (Maximum pressure 10K, used pressure 7-8K) Article 4 of the boiler, total construction cost and construction cost settlement schedule);

1. Total construction cost: 100 million won (excluding additional tax);

3. 20 million won of down payment: A (in the case of a company other than the cattle), shall be paid to the plaintiff within 3 days.

4. The intermediate payment and the remainder of 80 million won: 30 million won after 30 days after the completion of installation, 25 million won after 60 days, and 25 million won after 90 days.

Article 7. Special Agreement

1. The capacity of the boiler must be in fact manufactured and installed with the capacity of two tons/HR without relation to any test and marking.

Provided, That the indication of authorization and permission may be one ton.

2. This Agreement appears to be a clerical error in the context of “outboard” stated in the external contract.

any other contract shall take precedence over the other contract.

The name of construction: 1TON/HR manufacture and installation of the boiler 1 TON/HR

1. Major stoves of boilers (1) TON/HR stoves of boilers (Maximum pressure8K, used pressure 4-5 K).

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