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(영문) 인천지방법원 2015.05.15 2014가합10133
공사대금
Text

1. All of the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant (Counterclaim Plaintiff)’s counterclaim claim are dismissed.

2. The costs of lawsuit;

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account each description of Gap evidence 2-1, 5, Eul evidence 1, 2, 20, 21 (including the number; hereinafter the same shall apply) and the overall purport of video and pleading:

(2) On February 21, 2014, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”) on March 31, 2014, setting the contract amount of KRW 320,000,000 for the instant facilities (hereinafter “instant facilities”) and March 31, 2014 at the place designated by each Defendant.

[Important Matters of the instant contract] Item 1 of Article 1 (Contract Goods and Amount): volume 30,00,000 won (special payment: 128,000,000 won intermediate payment of KRW 96,00,000 and KRW 96,000,000,000 for total payment of KRW 320,00,000,000 (special payment: 320,000,000,000 won for 10,000,000 won until February 10, 2014, after completion of the installation of gold for 30,00,00,000 won (special payment: 1/320,000,000 won is not a promissory note or household check; 1/30,000,00 won is not a cash).

(1) On 31 March 2014, Article 5 (Inspection) A of the designated place (in Vietnam) “A” of Article 4 (Place of Supply), Article 5 (Inspection) (1) may conduct an interim inspection of the manufacture, installation, or construction of this product. (2) After completion of the supply or installation, “A” may require revision to “B” and “B” shall have the obligation to faithfully supplement the shortage.

Article 7 (Trial Operation) B shall request Gap to conduct a trial run in writing or orally after the completion of production and installation, and Gap shall support the cooperation necessary for the trial run, such as the electrical engineer, etc.

The main contents of the instant contract are as follows.

(b) some of the price;

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