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(영문) 창원지방법원 2015.02.12 2013가합2733
매매대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 471,110,00 and KRW 63,327,50 among them, the Defendant (Counterclaim Defendant) shall have the effect on September 1, 2012.

Reasons

1. Basic facts

A. On May 4, 201, the Plaintiff, who manufactures chemical plants, wind power facilities, etc., was awarded a contract for eight (46,500,000 won (value-added tax separately) with the Defendant’s design production of eight (a machinery which inputs raw materials, such as the Defendant’s Croding plant (ball malilt, Alumin powder powder powder and solvents powder, and manufactures Aluminium powder) from the Defendant’s business of manufacturing and selling Aluminum powder powder.

(A) The Plaintiff, on November 201, installed the instant deemed plant at the Defendant’s C plant in this case. On November 25, 2011, the Defendant drafted a construction completion certificate with respect to the Plaintiff on November 25, 201, but the Plaintiff designed and manufactured the deemed plant’s mother capacity with 75 cm. The Plaintiff is premised on the premise that the adequate raw material input quantity is 3,500 kilograms.

The Plaintiff was awarded a contract for related facilities of the above C plant in addition to the production of the above C plant.

B. The Defendant determined that there is no economic feasibility as a result of the production of raw materials 3,500 km into the instant charged plant, and operated the charged plant by inserting the quantity of raw materials 6,00 km, but did not work properly due to shortage of the base capacity.

In order to put in and operate raw materials, 150 Maz. requires a large quantity of 150 Maz.

Accordingly, the Defendant intended to repair and operate each of the instant deemed plants, such as combining 75mazzar 8 units installed in each of the instant deemed plants through construction, making 150 mazzar 4, and purchasing a new 150 mazar 4 unit.

Since January 2013, the revolving of each of the smuggling plant in this case was destroyed.

C. Meanwhile, on August 8, 2012, the Defendant: (a) prepared a written agreement on payment of construction price with respect to the Plaintiff regarding the construction project including the instant manufacturing project; and (b) obtained certification from a notary public; and (c) did not pay the unpaid amount

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