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(영문) 대구지방법원서부지원 2016.05.12 2015가단37775
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the machinery manufacturing business under the trade name of “B,” and the Defendant is a company that manufactures and sells the motomic brick.

B. On March 9, 2015, the Plaintiff entered into a contract with the Defendant for the manufacture of a block molding machine as follows in order to develop the “C” and to produce the said news block by nature. (2) On March 9, 2015, the Plaintiff and the Defendant entered into a contract for the supply of goods that the Plaintiff shall pay to the Defendant KRW 7,000 (including value-added tax) for the total supplementary equipment necessary for the 120 tons presses and the sex-type work (hereinafter “instant press equipment”) within 45 days after the contract is entered into, and supply the goods to the Defendant within KRW 7,00,000 (including value-added tax), and the down payment of KRW 22,00,000 after the completion of the contract, KRW 33,00,000,000,000 for the intermediate payment, and KRW 222,200,000 after the completion of trial operation.

3) In addition, between the Defendant on April 2, 2015, the Plaintiff and the Defendant: (a) the Plaintiff forms one consortium and ancillary equipment for the Defendant (hereinafter “instant consortium equipment”); and (b) together with the instant press equipment, “each of the instant equipment”.

(3) A contract for the supply of goods is made and supplied within 30 days after the conclusion of the contract with Eul as the price for the goods of KRW 50 million (including value-added tax), and the down payment of KRW 16.5 million in the intermediate payment of KRW 17.6 million in the intermediate payment of KRW 17.6 million after the completion of the contract, and the remainder of KRW 16.5 million in the intermediate payment of KRW 16.5 million was entered into within seven days after the completion of the contract with the manufacturing facility (the foregoing paragraph 2) and the agreement for the supply of the goods under Section 3 is

(C) On March 12, 2015, the Defendant paid the down payment of KRW 22 million on the instant press facilities, and the down payment of KRW 16.5 million on April 8, 2015, in total, KRW 38.5 million on the instant press facilities.

2 The Plaintiff entered the instant facilities into the Defendant from April 25, 2015 to May 9, 2015. From May 12, 2015 to May 13, 2015.

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